Virginia Lawyers Weekly VA Lawyers Weekly

Where petitioner sought a protective order in the JDR court after respondent received a summons for speeding while the parties’ daughter was in the vehicle, the JDR court’s denial of petitioner’s oral motion for a protective order is upheld on ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where a jury awarded plaintiff’s decedent compensatory and punitive damages for his malicious prosecution claim, the evidence does not support the amounts awarded. Plaintiff must accept a remittitur or a new trial limited to the issue of damages. Background Officers ...

Tagged with: Civil Practice Norfolk City Circuit Court Virginia Circuit Courts

Where appellant seeks to appeal  the general district court’s denial of preliminary protective orders, the circuit court lacks appellate jurisdiction because there is no final order in this matter. Not final “When the Circuit Court exercises its appellate jurisdiction in ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Stephen C. Shannon Virginia Circuit Courts

Where there was disputed evidence on whether the employer reserved its right to amend life insurance coverage under its benefits plan, summary judgment was improvidently granted to the employer in a putative class action initiated by retirees and beneficiaries, alleging ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Robert B. King

Where a tenant argued a landlord received an improper windfall because it was awarded both late fees and interest for a breach, thus leaving it in a better position than if there had not been a breach, that argument was ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Paul V. Niemeyer

Where the district court held that a borrower does not need to return loan proceeds where a lender fails to comply with the rescission requirements of the Truth in Lending Act, or TILA, that was wrong. Nothing in the statute ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge A. Marvin Quattlebaum Jr.

Where the government removed a healthcare provider from a program because it was not complying with government guidelines, but then reinstated the provider after it filed suit, the provider’s suit was not moot. The provider still sought a declaratory judgment ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Paul V. Niemeyer

Where the plaintiff voluntarily dismissed his defamation suit before the defendant filed her motion to dismiss in federal court, the defendant wasn’t entitled to recover attorneys’ fees pursuant to the Virginia “anti-SLAPP” statute. The statute and caselaw make it clear ...

Tagged with: Judge Rossie D. Alston Jr. Tort U.S. District Court - Eastern District

Where a plaintiff filed two separate suits, in different circuit courts, arising out of the same multi-vehicle accident, in an effort to maximize her recovery, her motion to now consolidate the suits in federal court — in order to have ...

Tagged with: Judge Robert E. Payne Negligence U.S. District Court - Eastern District

Where a decedent’s death was ruled a homicide, and the investigation is still ongoing, an insurance company’s interpleader action may proceed. Although the beneficiary has not been arrested or charged in her husband’s killing, and has not been found civilly ...

Tagged with: Insurance Judge Roderick C. Young U.S. District Court - Eastern District