Woman Can Sue for Sister’s Funeral Costs 
By Deborah Elkins
Published: November 9, 2011
Tags: Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts, Wills & Trusts
Although the Norfolk Circuit Court earlier dismissed plaintiff’s claim against her brother-in-law for performance of her deceased sister’s promise that plaintiff would receive $60,000 from her sister’s pension proceeds, plaintiff is not barred from pursuing a claim against her brother-in-law for payment of her sister’s $10,210 funeral expenses, under the common law doctrine of necessaries. [...]
Discovery Delay Penalty, But No Summary Judgment
By Deborah Elkins
Published: June 2, 2011
Tags: Civil Procedure, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts
A Norfolk Circuit Court will treat plaintiffs’ requests for admission as admitted by defendant, for defendant’s failure to timely respond to plaintiffs’ requests, but plaintiff is not entitled to summary judgment on its fraud and conversion claim, based on defendant’s admissions. On Oct. 14, 2010, the court ruled that the requests for admission were deemed [...]
No defamation claim from draft legal complaint
By Deborah Elkins
Published: May 30, 2011
Tags: Defamation, Fairfax County Circuit Court, Federal Courts, Judge Charles E. Poston, Judge Liam O'Grady, Judge R. Terrence Ney, Norfolk Circuit Court
A lawyer who said he was defamed by a draft legal complaint that described him as “an unethical lawyer and a racist” cannot sue for defamation, says a Fairfax Circuit Court. Claims made in a lawsuit generally are protected under the absolute privilege that attaches to judicial proceedings. But the law on when that protection [...]
Owners May Amend Property Demolition Suit
By Deborah Elkins
Published: May 13, 2011
Tags: Judge Charles E. Poston, Municipal, Norfolk Circuit Court, Virginia Circuit Courts
Plaintiffs who purchased property at foreclosure and hired a contractor who began making repairs, have their claims dismissed by a Norfolk Circuit Court, with leave to amend the complaint against defendant city and city officials who allegedly ordered the immediate demolition of the property after an inspection. Plaintiffs Brandon Comfort and James McLean acquired a [...]
Carrier’s Cancellation No Good, Attorney’s Fees Ordered
By Deborah Elkins
Published: March 14, 2011
Tags: Insurance, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts
A carrier’s continued processing of late premium payments for a trucking company’s commercial vehicle liability policy does not estop the carrier from denying coverage for an accident, but the carrier did not strictly comply with statutory provisions for canceling the policy, says a Norfolk Circuit Court, and it grants judgment for the policyholder, including attorney’s [...]
Court Can Rule on Pastor’s Contract
By Deborah Elkins
Published: March 14, 2011
Tags: Contract, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts
In a dispute over renewal of a pastor’s term of contract for a congregational church, a Norfolk Circuit Court denies summary judgment but says the court may address the issue as a matter not of “faith and doctrine,” but as a matter of decision-making in accordance with the church’s governing documents. New Rising Sun Baptist [...]
Tort – Defamation – Legal Complaint – Privilege
By Deborah Elkins
Published: October 14, 2010
Tags: Judge Charles E. Poston, Norfolk Circuit Court, Tort, Virginia Circuit Courts
A Norfolk Circuit Court overrules a lawyer’s demurrer to a defamation action filed by a sea captain against the lawyer, who gave a reporter a copy of a North Carolina lawsuit and an EEOC complaint filed by a seaman alleging the captain’s shipboard intoxication, threats and retaliation for complaints of race discrimination; defendant lawyer has [...]
Zoning – Zoning Violation – Scooter Sales & Repair
By Deborah Elkins
Published: October 14, 2010
Tags: Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts, Zoning
A Norfolk Circuit Court upholds the Board of Zoning Appeals’ determination that appellant violated Norfolk Zoning Code § 6-1.2, which bars the sale and repair of automobiles in a C-1 limited commercial zone, by selling mopeds from his property. Norfolk Zoning Ordinance § 2-3 defines “automobile” as any vehicle propelled by its own motor and [...]
Courthouse repairs can create local tug-of-war
By Peter Vieth
Published: October 6, 2010
Tags: Appomattox County Circuit Court, Judge Charles E. Poston, Smyth County Circuit Court
When Virginia courthouses fall into disrepair, judges often find themselves in a tense public struggle with local elected officials over what needs to be done and how to pay for it. The process can erupt into bitter legal fights pitting politicians against judges with angry taxpayers on the sidelines. The latest battle is being fought [...]
Traffic Offenses – DUI – Hospital Blood Screen
By Deborah Elkins
Published: August 27, 2010
Tags: Judge Charles E. Poston, Norfolk Circuit Court, Traffic Offenses, Virginia Circuit Courts
A driver charged with involuntary manslaughter who challenges use of a blood test showing a .13 BAC, taken when he was at the hospital for treatment after the fatal auto accident loses his constitutional challenge to Va. Code § 19.2-187.02, says a Norfolk Circuit Court. The statute at issue specifically allows the commonwealth to offer [...]
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