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25th Circuit Court

Oct 23, 2022

Civil sexual assault claims go forward

Where defendant’s demurrer asserts that plaintiff’s civil claims for sexual assault and battery, and aggravated sexual assault and battery fall under the tort of assault and battery, the demurrer is overruled because “Virginia law recognizes individual torts of sexual assault and battery and aggravated sexual assault and battery.” Common law Virginia circuit courts have recognized [&hellip[...]

Sep 1, 2022

Temporary detention order violation claim is moot

Where a temporary detention order was issued for a minor child but the mental health care facility assigned to receive her did not admit her, a county social services department’s request for mandamus relief is moot. The child was admitted to the facility a few days after the TDO expired. Introduction A TDO required that […]

Nov 1, 2021

No justification to prolong traffic stop

Even though police had an objectively reasonable basis to stop appellant’s vehicle for speeding, littering and improper window tinting, the stop was unreasonably prolonged to have a police dog sniff the vehicle for drugs. Drugs found as a result of the canine sniff are suppressed. Background Two drug task force investigators, Hilliard and Rosemeier, saw […]

Nov 1, 2021

Drug evidence from stop suppressed

A woman who was pulled over for improper window tinting, speeding and littering has succeeded in her bid to suppress drug evidence found by the police. The officers had an objectively reasonable basis to make the traffic stop, but it was unreasonably prolonged to have a police canine do free air sniff around the vehicle, […]

Nov 9, 2020

Shares valued in stock buyout dispute

Where discord among the three sole shareholders of a restaurant business resulted in a suit to dissolve the corporation and an action to buy plaintiff’s shares in lieu of dissolution, the court accepts the fair value determination of a defense valuation expert to establish the value of plaintiff’s stock. However, the court declines to use […]

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