No Conspiracy Claim for Injury to Non-Business Property 
By Deborah Elkins
Published: March 14, 2011
Tags: Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Tort, Virginia Circuit Courts
Although plaintiff claims Virginia case law would allow a civil conspiracy claim for damage to her non-business personal interest in real property, a Roanoke County Circuit Court says a personal interest in property is not covered under the Virginia conspiracy statutes. Plaintiff claims defendants engaged in illegal acts in violation of Virginia’s criminal and civil [...]
No Defamation Claim for Photo Publication
By Deborah Elkins
Published: March 11, 2011
Tags: Judge Robert P. Doherty Jr., Russell County Circuit Court, Tort, Virginia Circuit Courts
A Roanoke judge sitting in Russell County Circuit Court says a former clerk of that court cannot sue a newspaper for defamation for including in a story about her son, a lawyer who was disciplined by the Virginia State Bar, a family photograph that included the clerk, which she said implied that she had been [...]
Roanoke’s no cell-phone policy defended by judges
By Peter Vieth
Published: March 7, 2011
Tags: Bar Associations, Judge Clifford R. Weckstein, Judge James R. Swanson, Judge Martin Clark Jr., Judge Robert P. Doherty Jr., Judge Samuel G. Wilson, Judge William D. Broadhurst, Roanoke Circuit Court
ROANOKE — Despite barrels of ink and megabytes of bandwidth devoted to the effect of new technology on attorneys and courts, the subject remains a hot topic whenever lawyers and judges get together. At a recent Roanoke bench-bar meeting, participants made it clear they still are getting used to the new no-cell-phone policy at local [...]
Domestic Relations – Equitable Distribution – Business Valuation – Goodwill
By Deborah Elkins
Published: January 10, 2011
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Roanoke Circuit Court, Virginia Circuit Courts
Wife is sole owner and employee of her business as a specialized registered nurse who assists workers’ comp claimants in their return to work, and a Roanoke County Circuit Court values the business at $347,000, not the $490,000 figure offered by husband’s expert, and says wife may purchase husband’s $11,546 share of the marital property [...]
Domestic Relations – Pet Visitation – Family Farmland Value
By Deborah Elkins
Published: December 30, 2010
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Virginia Circuit Courts
A couple in their 50s who have devoted a “lot of time and affection to their dog, Gracie” make an even split of their marital property, and have agreed to custody of the dog with wife and visitation for husband, with an option for each to bid to buy the whole dog, in this divorce [...]
Domestic Relations – Appeals – Mandate – Child Support Order
By Deborah Elkins
Published: December 28, 2010
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Roanoke Circuit Court, Virginia Circuit Courts
The appellate court remanded this divorce case in 2008 solely for a recalculation of child support; a Roanoke City Circuit Court says the parties were not entitled to reopen the whole divorce case, and orders unrelated to the child support issue are void, except for a recusal order and a de novo custody appeal improperly [...]
Administrative – ABC Violation – Beer License – Underage Sales
By Deborah Elkins
Published: December 3, 2010
Tags: Administrative, Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Virginia Circuit Courts
A Roanoke County Circuit Court says a restaurant owner cannot overturn the suspension of his license for ABC violations that included selling two bottles of beer to a 17-year-old, with his claim that the bartender made a mistake about the customer’s age, money was not exchanged and the minor never took possession of the beer. [...]
Civil Procedure – Amended Complaints – Nuisance Claims
By Deborah Elkins
Published: November 19, 2010
Tags: Civil Procedure, Judge Robert P. Doherty Jr., Roanoke Circuit Court, Virginia Circuit Courts
Saying “it’s difficult to conceive why a lawyer would so blatantly disregard the court’s clear order,” a Roanoke County Circuit Court dismisses a third amended complaint filed by plaintiff, which merely restates the same theories of nuisance plaintiff earlier stated and attempts to reargue the court’s decision to sustain defendant’s demurrers. On June 14, 2010, [...]
Domestic Relations – Divorce – Marital Home – Purchase Option
By Deborah Elkins
Published: October 29, 2010
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts
Where the marital home is the family house wife grew up in, and she attempted to buy the home before she married husband, she shall have the first opportunity to purchase the marital home for herself, says a Salem Circuit Court. Although husband claimed wife committed adultery, and the parties’ tenant claimed to have had [...]
Domestic Relations – Equitable Distribution – Foreclosure
By Deborah Elkins
Published: September 1, 2010
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Virginia Circuit Courts
A husband and wife who lost the marital home to foreclosure in February 2010 and who appear to have abandoned a time-share in a Florida condominium have no real estate assets for division in equitable distribution, but the Roanoke County Circuit Court will make a property division of the parties’ vehicles and reserve wife’s right [...]
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