Virginia Lawyers Weekly VA Lawyers Weekly

In a contract dispute between a Dominion subsidiary and a pipeline-construction company, the court resolved some issues related to non-payment claims, but held that the scope of the parties’ contract and certain aspects of its performance could not be determined ...

Tagged with: Construction Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District Utilities

No remedy existed for condo owners who, unhappy with a roof renovation, wanted the city to inspect the work and cite the roofer.  After a second contractor made fixes, there was nothing for the city to inspect and no opportunity ...

Tagged with: Administrative Construction Judge Wesley G. Russell Jr. Municipal Standing Virginia Court of Appeals

In trade-secret litigation concerning a disputed international patent for a sugar substitute, a defendant’s attempt to “join” related counter-defendants was procedurally improper under Federal Rule of Civil Procedure 13(h). Background Sugar tastes good. But it’s unhealthy. So companies and scientists ...

Tagged with: Arbitration Business Law Civil Procedure Contract Judge Norman K. Moon Tort U.S. District Court - Western District

A woman and her mother sufficiently alleged defamation by a Golden Corral server, who publicly accused them of hiding food in their purses. But the court dismissed their claim for contract interference on account of their race and also struck ...

Tagged with: Civil Procedure Civil Rights Defamation Judge Elizabeth K. Dillon Tort U.S. District Court - Western District

An unsuccessful candidate for county sheriff sufficiently stated claims for malicious prosecution by a commonwealth’s attorney and a state police officer. The plaintiff said they conspired to prosecute him for election fraud with no evidence to support the charge. Background ...

Tagged with: Civil Rights Elections Judge John A. Gibney Jr. Municipal Search & Seizure Tort U.S. District Court - Eastern District

A claimant was not eligible for benefits after the commission found he intentionally circumvented a safety protocol that de-energizes dangerous machinery upon an employee entering the area. The commission rejected his claim that the safety rules were not enforced. Background ...

Tagged with: Virginia Workers' Compensation Commission Workers' Compensation

A man who initiated a gun fight with a law enforcement officer, apparently while under the influence of alcohol and marijuana, unsuccessfully challenged the trial court’s evidentiary rulings and accepted jury instructions. Background David Frizzell appeals his convictions for attempted ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Unpublished Opinion Virginia Court of Appeals

The circuit court did not err in not continuing a hearing to terminate a father’s parental rights while he was incarcerated; nor did it err in determining that termination was in the child’s best interests. The father had minimal contacts ...

Tagged with: Judge Teresa M. Chafin Parental Rights Unpublished Opinion Virginia Court of Appeals

Appellant Gary Pisner filed a complaint against Appellee Mark Conley, asserting breach of a written contract to perform demolition and clean-up work at his property. Pisner sought compensatory damages of $76,000. After the complaint was served and Conley failed to ...

Tagged with: Civil Procedure Contract Per Curiam Opinion Supreme Court of Virginia Unpublished Opinion

After granting a judgment debtor’s motion to reduce the amount of a confessed judgment, the circuit court erred in not setting the creditor’s objections to the modified amount for trial. Background On November 19, 2008, Appellee Hunter Mill West executed ...

Tagged with: Business Law Justice Cleo E. Powell Supreme Court of Virginia