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Tag Archives: Judge Cheryl V. Higgins

Court awards defendants $429K in attorneys’ fees and costs – Defense Verdict (access required)

Plaintiffs brought a three-count complaint seeking $2.7 million related to purchase of a business from defendants. Claims included breach of contract and fraud in the inducement. Plaintiffs also sought recovery of attorneys’ fees pursuant to the parties’ contract. Defendants counterclaimed ...

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Sanctions approved for ‘vindictive’ litigation (access required)

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A litigant in Virginia courts can be punished for vindictive lawsuits regardless of whether the claims in those lawsuits had any validity, the Supreme Court of Virginia ruled this month. The court said sanctions can be imposed on a vexatious ...

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No Injunction for Stormwater Diversion (access required)

An Albemarle County Circuit Court denies a permanent injunction to plaintiff investment partnership in its action alleging nuisance and trespass claims arising from diversion of stormwater onto plaintiffs’ property from a stormwater management system that includes a 72-inch pipe; given ...

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Assembly gets judges’ sentencing numbers (access required)

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When legislators meet Friday, Dec. 12, to interview judges seeking re-election, expect to hear about numbers. The circuit  judges’ compliance rates with Virginia’s voluntary sentencing guidelines, to be exact. Members of the Courts of Justice committees of the Senate and ...

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Lawyers say evidence blunders led to wrongful conviction (access required)

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Defense lawyers say mistakes and misconduct kept an Albemarle County jury from hearing evidence that should have exonerated a former grocery store manager convicted of drugging and kidnapping a young woman. Instead, the jury last May convicted Mark Weiner of ...

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Mug shot publication listed wrong charges under plaintiff’s photo – $22,000 Verdict (access required)

On March 20, 2012, Shenandoah Crime Times published the plaintiff’s mug shot and alleged criminal charge, which read: “JAMES SUDDARTH, POSSESS, TRANSPORT FIREARMS BY CONVICTED FELONS X 2; DISCHARGE OF FIREARM IN OCCUPIED BUILDING; RECKLESS HANDLING OF FIREARM CPD.” The ...

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ABC agent hit with punitives, commonwealth found liable – $80,000 Verdict (access required)

The plaintiff was involved in a rear-end accident with the defendant, who was an intoxicated ABC agent. The defendant drank at least six beers in a three-and-a-half hour period immediately preceding the accident and had a BAC of 0.16. He ...

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