Sanctions: More talk than action, judges say

No Suit for Revocation of Custody Transfer

By Deborah Elkins
Published: July 30, 2012
Tags: Criminal, Judge Beverly W. Snukals, Richmond Circuit Court, Virginia Circuit Courts

A German national incarcerated in a Virginia prison for a double murder cannot sue the current Virginia governor for revoking permission for his transfer to German custody that earlier was granted by the current governor’s predecessor; a Richmond Circuit Court says plaintiff Jens Soering does not have a protected liberty interest in having his application [...]

No Injunction in Legislative Suit

By Deborah Elkins
Published: January 11, 2012
Tags: Civil Rights, Judge Beverly W. Snukals, Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court denies an injunction in a Democratic party lawsuit intended to head off Republican control of the Virginia Senate by preventing the lieutenant governor from casting certain tie-breaking votes in the Senate. In a suit filed by Sen. A. Donald McEachin, D-Richmond, against Lt. Gov. Bill Bolling, the Democrats asked the court [...]

No Malpractice Claim Against Ponzi Defendant’s Lawyer

By Deborah Elkins
Published: April 5, 2011
Tags: Attorneys, Judge Beverly W. Snukals, Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court says an investor in a Ponzi scheme cannot sue the Ponzi schemer’s lawyer for legal malpractice, as the investor has not alleged privity with the attorney, or any third-party benefit flowing to the investor from the lawyer’s contract with his client. This case tangentially involves Donald Lacey’s Ponzi scheme in which [...]

Hospitals Sue for EMTALA Services to HMO Members

By Deborah Elkins
Published: April 5, 2011
Tags: Contract, Judge Beverly W. Snukals, Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court says plaintiff hospitals do not have a private right of action under Va. Code § 38.2-4312.3(B), which governs provision of emergency services under the federal Emergency Treatment and Active Labor Act, to sue defendant HMO for failure to pay for emergency services provided to HMO members, by plaintiff hospitals, which are [...]

No Summary Judgment on Eviction Notice

By Deborah Elkins
Published: April 5, 2011
Tags: Judge Beverly W. Snukals, Landlord/Tenant, Richmond Circuit Court, Virginia Circuit Courts

In this unlawful detainer action by Richmond Redevelopment Housing Authority, the Richmond Circuit Court denies summary judgment to the tenant who argues the notice of eviction for criminal or drug-related activity was deficient. The court took the matter under advisement to review 24 C.F.R. §§ 95.4(l)(3)(i), (ii) and (v), as well as Va. Code § [...]

Civil Procedure – Personal Jurisdiction – Transacting Business – Coal Sale Contracts

By Deborah Elkins
Published: October 29, 2010
Tags: Civil Procedure, Judge Beverly W. Snukals, Richmond Circuit Court, Virginia Circuit Courts

Although an Oklahoma coal company wants to apply the “transacting business” test under Virginia’s long-arm statute narrowly to its sale of coal to third parties outside Virginia, a Richmond Circuit says the test applies to contract formation between the coal company and Dominion Virginia Power, and that execution of the contract documents governed by Virginia [...]