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Tag Archives: Virginia Circuit Courts

No Legal Malpractice Claim for Securities Law Advice (access required)

Although plaintiff investment businesses allege defendants’ faulty advice on securities law has exposed them to state and federal investigations and possible disgorgement of capital, a Richmond Circuit Court says plaintiffs have not stated a claim for legal malpractice because they ...

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Park Vendor Has Conversion Claim for Kiosk Use (access required)

A Hanover Circuit Court refuses to set aside a jury verdict finding defendant Kings Dominion Amusement Park liable for damages for conversion of a concessions kiosk operated by plaintiff business; plaintiff may proceed with a claim for unjust enrichment, but ...

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‘Harsh Result,’ But Refiled Personal Injury Suit Dismissed (access required)

In this personal injury litigation after a 2005 auto accident, with multiple complaints filed by plaintiff passenger and the intervening death of defendant driver, a Fairfax Circuit Court says plaintiff’s complaint filed in 2010 is time-barred. On Oct. 23, 2005, ...

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Claim for Accounting ‘Negligence’ Dismissed (access required)

Plaintiff trusts who are suing defendant CPA for $25 million for allegedly providing “negligent tax advice, preparation of tax returns and relating accounting services” over a 12-year period are claiming accounting malpractice, and a Martinsville Circuit Court says accounting malpractice, ...

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Doctor Deposition Should Not Have Been Halted (access required)

A Richmond Circuit Court says defendant doctor should not have terminated a deposition because he objected to a med-mal plaintiff’s questions about information contained in a medical periodical related to the subject surgical procedure, but the court will hold off ...

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‘Ineffective Assistance’ Claim Exists for Pre-Padilla Plea (access required)

A habeas petitioner gets an evidentiary hearing on his Strickland claim based on his assertion that he would not have pleaded guilty to misdemeanor drug possession had his lawyer not advised him the conviction would not affect his legal immigration ...

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Discovery Delay Penalty, But No Summary Judgment (access required)

A Norfolk Circuit Court will treat plaintiffs’ requests for admission as admitted by defendant, for defendant’s failure to timely respond to plaintiffs’ requests, but plaintiff is not entitled to summary judgment on its fraud and conversion claim, based on defendant’s ...

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No Chinese Drywall Coverage Under Policy Exclusions (access required)

A Virginia Beach Circuit Court says homeowners who allege damage to their property and their family’s health from installation of Chinese drywall in their home built in 2005 are not entitled to coverage under their homeowners’ policy, as their losses ...

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