No ‘Stacking’ for UM/UIM Coverage

Man finds own expert, beats ‘predator’ status

By Peter Vieth
Published: February 23, 2012
Tags: Criminal, Judge Mary Jane Hall, Norfolk Circuit Court

Using an expert of his own choosing before a Norfolk jury, a state prisoner this month beat the odds and defeated the state’s bid to have him indefinitely committed as a sexually violent predator. Albert A. Montague, 47, reached the end of his prison term four years ago, but he has been locked up since [...]

Debtor Has Post-Petition P.I. Claim

By Deborah Elkins
Published: January 30, 2012
Tags: Bankruptcy, Judge Mary Jane Hall, Richmond Circuit Court, Virginia Circuit Courts

A debtor’s claims for personal injury that accrued as of the date of his chapter 7 bankruptcy petition belong to the bankruptcy estate and the Richmond Circuit Court dismisses those claims as filed by debtor; but his claim for malicious prosecutions accrued post-petition, after criminal charges were resolved in his favor, and the court declines [...]

SVP Gets Hearing for Conditional Release

By Deborah Elkins
Published: November 14, 2011
Tags: Criminal, Judge Mary Jane Hall, Norfolk Circuit Court, Virginia Circuit Courts

In this annual review of the civil commitment of a sexually violent predator under Va. Code § 37.2-910, a Norfolk Circuit Court says the commonwealth has not met its burden for keeping respondent in secure inpatient treatment for a sixth consecutive year, and the court orders additional proceedings. Dr. Mario Dennis, clinical psychologist, credits respondent [...]

Support Reduction for Consultant Husband

By Deborah Elkins
Published: November 9, 2011
Tags: Domestic Relations, Judge Mary Jane Hall, Norfolk Circuit Court, Virginia Circuit Courts

A husband who has depleted his assets to maintain himself and his family after his newspaper design consulting business came to a virtual standstill can reduce his support obligations beyond the amounts ordered by the JDR court, which ordered the $2,400 monthly spousal support reduced to $850 and the $1,000 monthly child support reduced to [...]

State can’t tax bank as a corporation

By Peter Vieth
Published: August 10, 2011
Tags: Banks & Banking, Judge Mary Jane Hall, Norfolk Circuit Court, Taxation

When is a bank not a bank? A Norfolk Circuit Court had to answer that question when the Virginia Department of Taxation sought back taxes from a private national bank with a Norfolk branch. The bank came out ahead in that contest. Not only did the bank owe nothing under the department’s initial method for [...]

Bank Not Subject to Corporate Income Tax

By Deborah Elkins
Published: August 2, 2011
Tags: Banks & Banking, Judge Mary Jane Hall, Norfolk Circuit Court, Virginia Circuit Courts

A Norfolk Circuit Court says that because AMG National Trust Bank is subject to the Virginia Bank Franchise Tax Act, Va. Code § 58.1-1200, it is not liable for corporate income tax, and the Virginia Department of Taxation is ordered to refund corporate income tax collected from AMG and prohibited from assessing such tax in [...]

Bank Has Franchise Act Tax Status

By Deborah Elkins
Published: August 2, 2011
Tags: Banks & Banking, Judge Mary Jane Hall, Norfolk Circuit Court, Virginia Circuit Courts

A Norfolk Circuit Court says AMG National Trust Bank is a bank for purposes of the Virginia Bank Franchise Tax Act, Va. Code § 58.1-1200, and the court rejects the tax commissioner’s request that the court apply the definition of “bank” from the Virginia Banking Act, as opposed to the more specific definition of “bank” [...]

Family May Sue for Damage by Movers

By Deborah Elkins
Published: August 2, 2011
Tags: Contract, Judge Mary Jane Hall, Norfolk Circuit Court, Virginia Circuit Courts

A mother and daughter who claim damage to their household goods and furniture may sue a local moving company for breach of contract, bailment and violation of the Virginia Consumer Protection Act, but plaintiffs may not sue defendant Mayflower Transit LLC on a theory of apparent agency, says a Norfolk Circuit Court. Plaintiffs, mother and [...]

Child Neglect Finding Set Aside

By Deborah Elkins
Published: August 2, 2011
Tags: Administrative, Judge Mary Jane Hall, Norfolk Circuit Court, Virginia Circuit Courts

A Norfolk Circuit Court sets aside an agency finding of “Physical Neglect – Abandonment” against a mother who did not pick up her son after he was arrested for shoplifting, because the Virginia Department of Social Services failed to provide an oral and written explanation of the family assessment procedure, and this procedural error was [...]