Virginia Lawyers Weekly VA Lawyers Weekly

Where the court previously denied the defendants’ motion to transfer the suit to New Jersey, and the defendants moved for reconsideration, their reconsideration motion was denied because it repeated arguments already made, or which should have been made, in their ...

Tagged with: Contract Judge Norman K. Moon U.S. District Court - Western District

Where the court could not credit the testimony of a Virginia state trooper that he searched a vehicle after seeing vacuum-sealer packaging material when he initially pulled the truck over, and the remaining reasons why the trooper searched the vehicle ...

Tagged with: Criminal Judge Thomas T. Cullen U.S. District Court - Western District

Where the father alleged his ex-wife removed their two minor children from Anguilla to the United States in violation of his custody rights, but the mother showed the father consented to their removal, and the older and more mature child ...

Tagged with: Domestic Relations Judge Norman K. Moon U.S. District Court - Western District

Where a jury found numerous defendants liable for their conduct planning and participating in the Unite the Right rally in Charlottesville, and awarded a total of $24 million in punitive damages, the punitive damages were reduced to $350,000. The statutory ...

Tagged with: Judge Norman K. Moon Tort U.S. District Court - Western District

Where the confirmed plan made the liquidating trustee the party responsible for the quarterly fee payments in the stead of the debtors, directed the liquidating trustee to make the payments and the plan received creditor approval, the liquidating trustee was ...

Tagged with: Bankruptcy Judge Kevin R. Huennekens U.S. Bankruptcy Court

Where plaintiff bought a commercial property at a foreclosure sale and the prior owner had assigned all income and rights to secure a loan from defendant bank, plaintiff is not entitled to a $450,000 payment a tenant made to the ...

Tagged with: Contract Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where a lender charged a usurious interest rate on a loan, the lender may recover the principal sum but not interest and fees. A second loan contract in this case is unenforceable due to lack of consideration. Loans Plaintiff Shannon ...

Tagged with: Contract Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Statements defendant made after asserting his right to an attorney must be suppressed “with the exception of an unprompted comment … [defendant] made when one of the detectives entered the interview room and before the detective began speaking.” Background Defendant ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

A working owner of an unincorporated business is not an employee within the meaning of the Virginia Workers’ Compensation Act. Further, the business’ customers do not employ the business’ workers. As a result, the business owner was not required to ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts Workers’ Comp

Where appellant was convicted for possession of a firearm by a violent convicted felon, the trial court properly denied his motion to suppress. Traffic stop Kelly, appellant’s brother, drove his car into a gas station. Griffin was his passenger. Appellant ...

Tagged with: Criminal Judge Frank K. Friedman Virginia Court of Appeals