Reponses ‘Deemed Admitted’ in Discovery Dispute

Move Changed Student’s Domicile

By Deborah Elkins
Published: January 7, 2013
Tags: Administrative, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court rejects an appeal by a student who challenges Virginia Commonwealth University’s ruling denying in-state domiciliary tuition status, who says she should receive in-state status because she was born and lived here until a young age, prior to moving to Maryland with her mother. The student asserts she re-established domicile in Virginia [...]

Bankruptcy Stay May Apply to Claims

By Deborah Elkins
Published: January 7, 2013
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

In an appeal from the general district court in an unlawful detainer action, the Richmond Circuit Court will stay defendant’s motion to consolidate defendant’s pending claims in another case with this case, pending determination of whether defendant’s claims are subject to the automatic stay in light of plaintiff’s bankruptcy filing. The issue before the court [...]

No ‘Admissions’ Costs for Plaintiff

By Deborah Elkins
Published: January 7, 2013
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts

In this personal injury action in which the jury returned a verdict for plaintiff, the Richmond Circuit Court denies plaintiff’s motion for costs based on an assertion that evidence at trial showed that facts should have been admitted during discovery. Generally, defendant’s responses consisted of objections on attorney-client work product grounds. After stating the objection, [...]

Claim Form Admissible at FELA Trial

By Deborah Elkins
Published: January 7, 2013
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts

In a railroad worker’s suit under the Federal Employers Liability Act, a Richmond Circuit Court denies plaintiff’s motion in limine to prevent defendant railroad from introducing into evidence statements made by plaintiff’s treating physician in a “Supplemental Disability Claim Form.” Plaintiff alleges injuries as a result of defendant’s negligence which occurred during a ride in [...]

Driver May Challenge Revocation for NJ Conviction

By Deborah Elkins
Published: January 4, 2013
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Traffic Offenses, Virginia Circuit Courts

A Richmond Circuit Court grants DMV’s motion to identify an unnamed petitioner who seeks an order to rescind or to modify DMV’s order of revocation of driving privileges dated Feb. 23, 2012, which the court has reviewed pursuant to Va. Code § 46.2-410.1. Upon receipt of record of conviction for driving under the influence from [...]

Litigation pitfalls and pratfalls

By Deborah Elkins
Published: December 10, 2012
Tags: Attorneys Fees, Civil Procedure, Discovery, Employment Discrimination, Fairfax County Circuit Court, Federal Courts, Law Firms, Legal Malpractice, Personal Injury, Real Estate, Richmond Circuit Court, Sanctions, Social Media, Supreme Court of Virginia News, Year in Review

Lawyers can find plenty of ways to stay out of a courtroom. Instead of the hand-to-hand combat of a trial before judge or jury, they can opt for some form of alternative dispute resolution. But the lure of the courtroom stays strong, for a whole class of litigators and for those who just enjoy stories [...]

Woman sprains ankle in grocery store parking lot trip & fall – Defense verdict

By Virginia Lawyers Weekly
Published: October 29, 2012
Tags: Judge Melvin R. Hughes Jr., Premises Liability, Richmond Circuit Court

Plaintiff alleged she tripped and fell over a curb stop in a Ukrop’s parking lot. She claimed that the curb stop was a hazard, namely that she could not see the curb stop because the lighting levels were low and a car was parked in the space. Plaintiff’s safety engineer intended to opine that wheel [...]

Railing collapsed, man fell from third floor landing – $1,850,000 Settlement

By Virginia Lawyers Weekly
Published: October 22, 2012
Tags: Million-Dollar Settlements, Personal Injury, Richmond Circuit Court

The plaintiff was visiting a friend at a Richmond apartment complex when he was injured after falling from the 3rd floor common area. The plaintiff was leaning against the wooden guardrail smoking a cigarette when the railing collapsed, causing him to fall 19 feet, striking the concrete landing on the ground. The plaintiff sustained a [...]

Va. families to get $913K in child-support case

By The Associated Press
Published: October 8, 2012
Tags: Domestic Relations, Richmond Circuit Court

(AP) — More than 1,000 Virginia families should soon be seeing their share of a $913,866 settlement between the state and a child-support collection company. Attorneys for the state filed a motion in Richmond Circuit Court this week seeking an order to allow the Virginia Division of Child Support Enforcement to begin cutting checks to victims. [...]