Civil Procedure – Nonsuit – Same ‘Action’ – Ad Damnum 
By Deborah Elkins
Published: January 18, 2010
Tags: Civil Procedure, Judge James V. Lane, Rockingham County Circuit Court
Although a car-crash plaintiff changed her damages request when she refiled after a nonsuit – from $250,000 compensatory and $350,000 punitive damages to $300,000 compensatory and no punitive damages – her second lawsuit is the same “action” and is timely under the savings provision of Va. Code § 8.01-229(E)(3), a Rockingham County Circuit Court holds.
Citing [...]
P.i. plaintiffs post win on nonsuit issue
By Deborah Elkins
Published: January 14, 2010
Tags: Judge James H. Chamblin, Judge James V. Lane, Loudoun County Circuit Court, Personal Injury, Rockingham County Circuit Court
The latest battle over nonsuit rights may be heating up across Virginia.
A new circuit court case clearly rejects a controversial decision last summer that dismissed a p.i. suit because it was refiled with an increased ad damnum.
Last August, a Loudoun County judge dismissed with prejudice a suit refiled after nonsuit because the p.i. plaintiff [...]
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