Salem Circuit Court | Virginia Lawyers Weekly

No Discovery of Driver’s Statements to Carrier

By Deborah Elkins
Published: August 23, 2011
Tags: Civil Procedure, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts

A defendant driver in this auto-accident case does not have to give plaintiff statements defendant made to her liability insurance carrier that prompted the carrier to open an investigation file; a Salem Circuit Court says the documents requested were work product prepared in anticipation of litigation and were non-discoverable. Plaintiff claims the documents were prepared [...]

Court Construes Contract’s Financing Clause

By Deborah Elkins
Published: August 19, 2011
Tags: Judge Robert P. Doherty Jr., Real Estate, Salem Circuit Court, Virginia Circuit Courts

In this first-impression case, a Salem Circuit Court says inserting the handwritten phrase “subject to approval of financing” into a real estate contract’s clause on the closing date makes the purchase contingent on the buyer’s ability to obtain financing. There are no reported cases in Virginia using the phrase “subject to approval of financing.” A [...]

Student Loan is Marital Debt, But Husband Pays

By Deborah Elkins
Published: July 19, 2011
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts

Whether the Salem Circuit Court applies the 2011 statute governing apportionment of marital debt or prior case law, the result is the same: a husband’s student loan for his engineering degree is marital debt, but he must pay the entire $50,289.73 owed on the loan. Husband argues that although his student loan debt is solely [...]

Student loan debt marital, but husband pays

By Deborah Elkins
Published: July 14, 2011
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Salem Circuit Court

A divorce court said a husband’s student loan used to finance his engineering degree was “marital debt,” but only the husband had to pay the entire $50,289 balance of the loan. Application of the 2011 marital debt amendments to Virginia’s equitable distribution statute, Virginia Code § 20-107.3(A), did not change the judge’s analysis of who [...]

Promise to Forbear Not Fraud

By Deborah Elkins
Published: July 6, 2011
Tags: Creditor's Rights, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts

A Salem Circuit Court sustains a creditor’s demurrer to a borrower’s counterclaim alleging the creditor committed fraud when it foreclosed on the borrower’s property after its agent allegedly assured defendants they would work with them and allow late note payments and not foreclose. This court does not normally use the word “apparently” when reciting facts. [...]

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 – Carpet-Cleaning Business

By Deborah Elkins
Published: July 30, 2010
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts

A couple had a long history of working long hours to build up their carpet-cleaning business without ever maintaining separate business and personal accounts, and a Salem Circuit Court divides their marital property, with an additional monetary award to compensate wife for husband’s use of marital assets to buy and build up his separate floor-refurbishing [...]

Municipal – Playground Equipment – Warranty Claims

By Deborah Elkins
Published: March 15, 2010
Tags: Judge Robert P. Doherty Jr., Municipal, Salem Circuit Court, Virginia Circuit Courts

A Salem Circuit Court grants the city’s demurrer to plaintiff’s negligence and warranty claims based on plaintiff’s allegations of injury from the city’s purchase and installation of defective playground equipment in a public city park. The city demurrer claims immunity pursuant to Va. Code § 15.2-2809, which limits the liability of a city or town [...]

Traffic Offenses – Eluding Officer – Double Jeopardy – Continuing Offense

By Deborah Elkins
Published: March 15, 2010
Tags: Judge Robert P. Doherty Jr., Salem Circuit Court, Traffic Offenses, Virginia Circuit Courts

A defendant who sped through Roanoke County and Salem City to get away from police cannot be charged in both jurisdictions with felony eluding police; because he was acquitted of the charge in Roanoke County, the charge in Salem likewise must be dismissed, according to the Salem Circuit Court. Defendant was arrested after police located [...]

Domestic Relations – Reconciliation – Parties’ Intent

By Deborah Elkins
Published: January 11, 2010
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Salem Circuit Court

Although husband acknowledged he had “accidental sex” with wife after the parties separated in May 2007 and entered into a post-nuptial agreement, a Salem Circuit Court says the parties did not reconcile because the evidence does not show an intent to live together and undertake a “fresh start.” Husband testified he did not intent to [...]

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