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No Virginia Jurisdiction Over Japanese Company (access required)

By Deborah Elkins
Published: September 27, 2011
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A woman who alleges she was injured while operating a saddle stitching machine that a Roanoke company obtained from a Japanese manufacturer through its North American distributor cannot sue the Japanese company in Roanoke City Circuit Court; the manufacturer had no physical locations in the U.S., did not specifically target Virginia, attended no trade shows [...]

No Inverse Condemnation for Leasehold (access required)

By Deborah Elkins
Published: September 12, 2011
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Although a billboard advertising company says its leasehold on land that has been purchased after condemnation by the Roanoke Redevelopment & Housing Authority has been damaged because the Authority is more likely to terminate its leasehold than would a private owner, the Roanoke City Circuit Court rejects the company’s suit for inverse condemnation.
On Nov. 28, [...]

Business Valuation Report Has ‘Palpable Error’ (access required)

By Deborah Elkins
Published: May 9, 2011
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In construing an S corporation’s Redemption Agreement to allow an ailing principal to cash out his shares, a Roanoke City Circuit Court says there is “palpable error” on the face of the independent appraiser’s report, which may let the remaining principals out of that appraiser’s $3.5 million valuation of the money management business.
Plaintiff Peter Dawyot, [...]

Liability Admitted, But no Additur for $0 Verdict (access required)

By Deborah Elkins
Published: May 9, 2011
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A Roanoke City Circuit Court denies plaintiff’s motion for additur in this case in which liability was admitted but plaintiff pleaded no special damages and the jury awarded $0.00.
In Bowers v. Sprouse, 254 Va. 428 (1997), the Supreme Court of Virginia said a jury award that compensates a plaintiff for the exact amount of medical [...]

Lawyer who paid son’s tuition from trust account disbarred (access required)

By Peter Vieth
Published: April 18, 2011
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A lawyer in Salem who paid his son’s school tuition directly from his trust account has agreed to the revocation of his law license.
Steven F. Helm consented to revocation based on Virginia State Bar reports that his trust account “was overdrawn for insufficient funds on several occasions,” that payments to be made on behalf [...]

Negligence – Slip & Fall – Sidewalk Defect (access required)

By Deborah Elkins
Published: November 19, 2010
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A Roanoke City Circuit Court denies summary judgment to defendant city in this suit by a mother who fell and was injured as she was attempting to prevent her child from tripping over the alleged six-inch gap in a city sidewalk; the city’s use of plaintiff’s deposition alone supports denial of the city’s motion.
Defendant acknowledges, [...]

Real Estate – Condemnation – Billboard Lease (access required)

By Deborah Elkins
Published: October 14, 2010
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A Roanoke City Circuit Court denies a petition to dismiss this condemnation proceeding filed by the Roanoke Redevelopment and Housing Authority, filed after the RRHA entered into a settlement agreement with the property owners for $2.9 million, for their conveyance of the property to RRHA, subject to a lease with Lamar Company for its billboard [...]

Civil Procedure – Venue – Witness Convenience – Deposition Restrictions (access required)

By Deborah Elkins
Published: October 5, 2010
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In this declaratory judgment action, a Roanoke County Circuit Court denies a transfer of venue to Henrico Circuit Court on the basis of the “forum non conveniens” statute.
This suit is a declaratory judgment action by Osage Inc. against Spruill and Garwood who are purportedly 50 percent owners of Osage. Defendant Spruill resides in Roanoke County [...]

Insurance – Fire Loss – Ownership Interest (access required)

By Deborah Elkins
Published: July 22, 2010
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A plaintiff has failed to prove he owned more than a 50-percent interest in a rental property damaged by fire, and a Roanoke City Circuit Court says he may only recover $31,326.60, less his $1,000 deductible.
The insurer initially denied coverage on three grounds: plaintiff intentionally caused the fire to be set, he failed to cooperate [...]

Civil Procedure – Appeal Bond – Unlawful Detainer (access required)

By Deborah Elkins
Published: May 18, 2010
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Although a general district court order in this unlawful detainer appeal says no appeal bond was required “per Judge,” the Roanoke County Circuit Court says absent an appeal bond, it has no jurisdiction, and the appeal is dismissed.
The Roanoke County General District Court entered judgment for plaintiff on an unlawful detainer for possession of premises [...]

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