Virginia Lawyers Weekly VA Lawyers Weekly

Where a Kroger’s security camera recorded portions of a customer’s slip and fall but failed to preserve the footage, multiple sanctions were imposed, including that the store’s summary judgment motion was denied, the jury would be instructed regarding the lost ...

Tagged with: Judge Lawrence R. Leonard Judge Rebecca Beach Smith Premises Liability U.S. District Court - Eastern District

Where a vehicle involved in an accident was being driven by someone with whom the insured car dealership had a financial relationship, which included use of the dealership’s license plates, because the vehicle was not being used for an activity ...

Tagged with: Insurance Judge Henry E. Hudson U.S. District Court - Eastern District

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 because they ...

Tagged with: 20th Circuit Court Judge Stephen Sincavage Real Estate Virginia Circuit Courts

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 are either ...

Tagged with: 20th Circuit Court Judge Jeanette A. Irby Real Estate Virginia Circuit Courts

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 whether this ...

Tagged with: 20th Circuit Court Family Law Judge Jeanette A. Irby Virginia Circuit Courts

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 defendant ...

Tagged with: Defamation Fairfax Circuit Court Judge Bruce D. White Virginia Circuit Courts

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 child, petitioner ...

Tagged with: Civil Rights Fairfax Circuit Court Judge Daniel E. Ortiz Virginia Circuit Courts

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 defendant in ...

Tagged with: Civil Practice Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

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 against plaintiff ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Dontae L. Bugg Virginia Circuit Courts

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” vehicle to ...

Tagged with: 20th Circuit Court Civil Practice Judge Jeanette A. Irby Virginia Circuit Courts