Judge Melvin R. Hughes Jr. | Virginia Lawyers Weekly

Blind Tenant Can Sue Landlord

By Deborah Elkins
Published: May 16, 2012
Tags: Judge Melvin R. Hughes Jr., Landlord/Tenant, Richmond Circuit Court, Virginia Circuit Courts

In this case involving a tenant’s claims against her landlord, a management company, the landlord’s security company and another tenant for personal injuries plaintiff suffered when the other tenant’s vehicle allegedly struck plaintiff, who is blind, the Richmond Circuit Court says plaintiff’s only contract claim to survive demurrer is a contract claim against the landlord.
Plaintiff [...]

Motel Franchise Terminated Post-Lease

By Deborah Elkins
Published: May 16, 2012
Tags: Judge Melvin R. Hughes Jr., Real Estate, Richmond Circuit Court, Virginia Circuit Courts

Although plaintiff lessee has sued defendant lessor seeking rescission of a three-year commercial lease for operation of a motel, the Richmond Circuit Court construes the suit as a breach of contract action, as the lease was effectively canceled when the franchisor, Choice Hotels International, terminated the franchise.
Plaintiff filed suit against defendant seeking rescission of the [...]

No Default Cure From Extra Payments

By Deborah Elkins
Published: May 15, 2012
Tags: Creditor’s Rights, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

Plaintiff lender is entitled to a deficiency judgment after foreclosure on real estate that secured a commercial loan, and the Richmond Circuit Court rejects defendant guarantors’ contention that their additional payments after default cured the default, which is not the case under the parties’ contract.
Defendants assert the third-party defendant trustees and plaintiff breached their obligations [...]

Jury Award Not ‘Inadequate’

By Deborah Elkins
Published: May 15, 2012
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court denies plaintiff’s motion to set aside as inadequate a jury verdict awarding $4,500 for bodily injuries, pain and inconvenience, in addition to $12,628 for medical expenses.
The case was submitted to the jury on a special verdict due to an unrelated dispute over the disclosure pretrial of the amount of medical expenses [...]

No expert fees when a nonsuit is taken at trial

By Paul Fletcher
Published: May 11, 2012
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Judge Walter W. Stout III, Personal Injury, Richmond Circuit Court

When a plaintiff takes a nonsuit during trial, the defendant is not entitled to fees and costs for its expert witnesses, according to a Richmond Circuit judge.
The nonsuit statute, Virginia Code § 8.01-380(C), permits the assessment of expert witness fees and costs for a nonsuit taken within seven days of trial. But that statute does [...]

Both Parents’ Rights Cut Off

By Deborah Elkins
Published: May 8, 2012
Tags: Domestic Relations, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

As the evidence indicates that mother is incarcerated and both parents have had problems with substance abuse, have not maintained consistent housing and employment and have failed to correct the problems that led to the child’s foster care placement 19 months ago, the Richmond Circuit Court terminates their parental rights.
The mother is mentally ill and [...]

Venue Requires ‘Substantial’ Business

By Deborah Elkins
Published: May 8, 2012
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court grants defendant’s motion to change venue in this case, as the controlling venue statute now prescribes “substantial” business activity in order to sustain venue, which is not demonstrated here.
Evan’s Adm’r v. Haddad v. St. Mary’s Hospital, 1 Va. Cir. 507 (1984), is a case decided by this court on the question [...]

Fraud Claim from Talent Agency Deal

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Tort, Virginia Circuit Courts

A plaintiff who says he was defrauded by defendant, who used lies and misrepresentations to induce him to invest in an LLC talent-management company while spending the money for personal expenses and other unauthorized transactions, can sue for breach of fiduciary duties and breach of the operating agreement, but the Richmond Circuit Court sustains the [...]

Franchise Wins Tax Refund

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Taxation, Virginia Circuit Courts

A Richmond Circuit Court grants summary judgment for corporate taxpayer Wendy’s, the national franchise restaurant chain, in its suit seeking a refund of income tax paid from 2004 to 2007.
Unlike federal tax law, Virginia tax law does not allow taxpayers, including corporate ones, deductions for certain intangible expenses and costs. Virginia tax law, under Va. [...]

Accrual Question Saved for Trial

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Melvin R. Hughes Jr., Medical Malpractice, Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court says the parties in this med-mal action alleging failure to diagnose cancer should put on evidence to resolve the statute of limitations issue at trial, rather than trying to resolve it before trial.
I have read St. George v. Pariser, 253 Va. 329 (1997), and Lo v. Burke, 249 Va. 311 (1995). [...]

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