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Author Archives: Virginia Lawyers Weekly

Ferry operator breached licensing agreement (access required)

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 ...

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Demurrers sustained in real estate contract case (access required)

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 ...

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JDR court’s dismissal on merits was final order (access required)

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 ...

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Some counterclaims survive demurrer in defamation case (access required)

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 ...

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Venue transfer denied in med-mal case (access required)

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 ...

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Attorney’s fees sanctions awarded to defendant (access required)

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 ...

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Demurrer not proper to allege missing party (access required)

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” ...

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Claimant did not sustain compensable injuries (access required)

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 ...

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