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). [...]
Arbitration Award Subject to Res Judicata
By Deborah Elkins
Published: May 8, 2012
Tags: Contract, Judge Thomas D. Horne, Loudoun County Circuit Court, Virginia Circuit Courts
A Loudoun County Circuit Court reconsiders its earlier denial of a motion to stay arbitration in this litigation over a contract involving road construction, and grants defendant’s motion to stay arbitration proceedings; under Va. Code § 8.01-581.012, a judgment confirming an arbitration award is to be treated like any other judgment, including the application of [...]
Landlord Denied Possession of Apartment
By Deborah Elkins
Published: May 8, 2012
Tags: Judge Melvin R. Hughes Jr., Real Estate, Richmond Circuit Court, Virginia Circuit Courts
Although bail bondsmen appeared at landlord’s premises to arrest a person at defendant tenant’s apartment, who the landlord says was banned from the property, a Richmond Circuit Court denies landlord’s suit for possession of tenant’s apartment for her alleged violation of the lease.
The constitutionality of the actions of the bondsmen does not come into play [...]
Minor’s Suit is Legal Nullity
By Deborah Elkins
Published: May 8, 2012
Tags: Civil Procedure, Judge J. Overton Harris, Richmond Circuit Court, Virginia Circuit Courts
A minor plaintiff’s suit may not be amended to allow the minor to sue by his next friend, under Virginia law, and the Hanover Circuit Court denies plaintiff’s motion to amend.
The court agrees with defendant and finds the law requires the court to deny plaintiff’s motion to amend. Virginia Code § 8.01-8 states any minor [...]
No Witness Fees for Nonsuit at Trial
By Deborah Elkins
Published: May 8, 2012
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts
Although Virginia law allows recovery of defense witness fees if a plaintiff takes a first nonsuit within seven days of trial, a Richmond Circuit Court says the statute, Va. Code § 8.01-380(C), does not allow recovery of witness fees for a nonsuit taken during trial.
Defendant objected to plaintiff’s motion to amend and argued that as [...]
No Fraud Claim On Builder’s Contract
By Deborah Elkins
Published: May 8, 2012
Tags: Accomack County Circuit Court, Contract, Judge Leslie L. Lilley, Virginia Circuit Courts
The Accomack Circuit Court applies the “source of duty rule” and says a couple who alleges defendant contractor drew payment but never finished building their new home, may sue for breach of contract, but not for fraudulent inducement.
The fraud count alleges the contractor demanded and received an advance of $63,340. Plaintiffs allege the contractor did [...]
No Witness Fees for Nonsuit at Trial
By Deborah Elkins
Published: May 8, 2012
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts
Although Virginia law allows recovery of defense witness fees if a plaintiff takes a first nonsuit within seven days of trial, a Richmond Circuit Court says the statute, Va. Code § 8.01-380(C), does not allow recovery of witness fees for a nonsuit taken during trial.
Defendant objected to plaintiff’s motion to amend and argued that as [...]
Carrier Wins Punitive Damages
By Deborah Elkins
Published: May 1, 2012
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts
A Richmond Circuit Court denies a motion to set aside a jury award, including $350,000 in punitive damages, to an insurance carrier who sued its former adjuster for fraud and conversion for causing plaintiff to issue checks for property damage claims for work not performed by contractors, to obtain funds for work at the homes [...]
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