Virginia Lawyers Weekly VA Lawyers Weekly

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Real Estate Where defendant ferry service breached a license agreement by relocating a retaining wall without the required permission from plaintiff landowner, the court awards damages and enjoins defendant’s further use of the property. However, plaintiffs’ unjust enrichment claim fails ...

Tagged with: Real Estate Va. Circuit Court

Real Estate Defendant’s demurrer to plaintiff’s suit for specific performance of a contract involving real estate is sustained. The contract cannot be read as giving plaintiff the right to buy the property at any time. Plaintiff’s other claims against defendant ...

Tagged with: Real Estate Va. Circuit Court

Family Law The circuit court has jurisdiction over this matter concerning a minor child because the JDR’s dismissal on the merits was a final order, thus permitting the circuit court to assume jurisdiction. Final order Initially, the court must decide ...

Tagged with: Family Law Va. Circuit Court

Defamation Where defendant was sued for defamation and has asserted counterclaims, some claims survive plaintiff’s demurrers while others are barred by the statute of limitations. Background In the underlying suit, filed on March 1, 2019, plaintiff John C. Depp sued ...

Tagged with: Defamation Va. Circuit Court

Civil Rights Where petitioner was convicted of a sex crime that requires him to permanently register as a sex offender, the requirement precludes the restoration of his firearm rights. Background After a plea-based conviction of taking incident liberties with a ...

Tagged with: Civil Rights Va. Circuit Court

Civil Practice Even though plaintiff executor sued defendant care provider in Norfolk County despite the fact that plaintiff’s decedent was treated in defendant’s Sussex County facility, defendants’ motion to transfer venue is denied. Overview Medical Facilities of America, the lead ...

Tagged with: Civil Practice Va. Circuit Court

Civil Practice Even though a non-party funded defendant’s litigation costs, the court awards defendant attorney’s fees sanctions. Background Defendant Gebreyessus moved for sanctions against plaintiff and counsel. Plaintiff seeks reconsideration of the court’s ruling that granted Gebreyessus’ motion for sanctions ...

Tagged with: Civil Practice Va. Circuit Court

Civil Practice Where defendant demurred to plaintiff’s contract claim on the basis that plaintiff did not name a necessary party, the demurrer is overruled. A demurrer tests the legal sufficiency of factual claims. A motion for joinder is the “proper” ...

Tagged with: Civil Practice Va. Circuit Court

The Virginia Workers’ Compensation Commission correctly determined that claimant’s complained-of injuries to his left ear, nose, face and neck were not compensable injuries. The commission also properly ruled that his post-accident seizures were unrelated to his workplace accident. Claimant filed ...

Tagged with: Va. Court of Appeals – Unpublished Workers' Compensation