Judge John R. Doyle III | Virginia Lawyers Weekly

Court Sets Test for Prior ‘Written Demand’

By Deborah Elkins
Published: May 14, 2013
Tags: Corporate, Judge John R. Doyle III, Norfolk Circuit Court, Virginia Circuit Courts

Looking to case law on a similar corporate statute in North Carolina, a Norfolk Circuit Court sets a multi-part test for a minority shareholder’s “written demands” to a corporation required before filing a derivative action, and finds plaintiff met the test for all his claims except his claim that defendants usurped corporate opportunities by developing [...]

Painter Not ‘Statutory Employee’

By Deborah Elkins
Published: April 2, 2012
Tags: Judge John R. Doyle III, Norfolk Circuit Court, Virginia Circuit Courts, Workers’ Comp

An employee of a specialty paint crew painting a coal loader belonging to Norfolk Southern was working on a “preservation” project, not a “maintenance” project that was part of Norfolk Sothern’s trade, business or occupation, and the Norfolk Circuit Court rejects a plea in bar of the workers’ comp statute filed by the contractor hired [...]

No Respondeat Superior Claim Against Surgeon

By Deborah Elkins
Published: February 15, 2012
Tags: Judge John R. Doyle III, Medical Malpractice, Norfolk Circuit Court, Virginia Circuit Courts

In this suit alleging a patient at Sentara Norfolk General Hospital died due to negligence during post-surgical care for treatment of her ischemic leg, a Norfolk Circuit Court dismisses respondeat superior claims against defendant surgeon, a medical school faculty member, for lack of duty. The court previously ruled the Virginia Tort Claims Act did not [...]

Immunity on Rape Claim Against Officer

By Deborah Elkins
Published: November 9, 2011
Tags: Judge John R. Doyle III, Municipal, Norfolk Circuit Court, Virginia Circuit Courts

A woman who alleges she was raped by the city police officer dispatched to her home in response to her call to be transported to a hospital because of breathing difficulties cannot sue the city on a claim of negligence, and the Norfolk Circuit Court grants the city’s plea of governmental immunity. Plaintiff alleges no [...]

New Condemnation Statute Does Not Control

By Deborah Elkins
Published: August 2, 2011
Tags: Judge John R. Doyle III, Norfolk Circuit Court, Real Estate, Virginia Circuit Courts

A Norfolk Circuit Court adopts a previous ruling of this court and holds that because plaintiff Norfolk Redevelopment & Housing Authority instituted its condemnation claims in this matter prior to the effective date of a new statute, Va. Code § 1-219.1, which changes the law, the Authority may rely on the former law to take [...]

Civil Procedure – Judicial Recusal – Conflict Of Interest

By Deborah Elkins
Published: November 12, 2010
Tags: Civil Procedure, Judge John R. Doyle III, Norfolk Circuit Court, Virginia Circuit Courts

A Norfolk Circuit judge advises the parties in this suit by an estate against defendants, including Sentara Healthcare System, that the judge’s wife is the director of marketing for Sentara. The court does not believe it has a per se conflict with hearing cases involving the Sentara Healthcare System, but the court will defer to [...]

Real Estate – Survivorship Right – Unmarried Couple – Sale Proceeds

By Deborah Elkins
Published: October 23, 2010
Tags: Judge John R. Doyle III, Norfolk Circuit Court, Real Estate, Virginia Circuit Courts

Where an unmarried couple bought a foreclosure home as joint tenants with right of survivorship, but they later sold the home to their tenant, with owner financing, and continued to divide the monthly payments after they split up, the survivorship interest continued and the man is entitled to the entire sale proceeds after the woman’s [...]

Contract – Commercial Building – Renovations – Unjust Enrichment

By Deborah Elkins
Published: October 23, 2010
Tags: Contract, Judge John R. Doyle III, Norfolk Circuit Court, Virginia Circuit Courts

Funds seized by defendant St. Joe Company from Advantis real estate company under a Deposit Control Agreement after Advantis defaulted on its obligations to St. Joe, belong to plaintiff N.R.H.A., who paid the money to Advantis as its agent to pay two contractors for renovation of a commercial building; a Norfolk Circuit Court grants summary [...]

Unmarried partner gets mortgage payments

By Peter Vieth
Published: October 21, 2010
Tags: Judge John R. Doyle III, Norfolk Circuit Court, Real Estate, Wills & Trusts

An unmarried couple’s joint tenancy with survivorship outlasted their romantic relationship, leaving the male partner to collect mortgage payments on their jointly owned property after the female partner died, in a new decision from Norfolk Circuit Court. The male partner may receive all of the buyer’s payments, instead of half going to the female partner’s [...]

Contract – Nursing Home – Arbitration

By Deborah Elkins
Published: February 1, 2010
Tags: Contract, Judge John R. Doyle III, Norfolk Circuit Court

A Chesapeake nursing home cannot compel arbitration of a comatose patient’s claim that she was sexually molested by a staff member, as a Norfolk Circuit judge sticks by his denial of the nursing home’s motion to compel arbitration. The court already entered an order on defendant’s change of venue motions [VLW 009-8-228], but restates its [...]

Virginia Lawyers Weekly