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Tag Archives: Civil Practice

HUD landlord’s unlawful detainer claim dismissed (access required)

A subsidized housing landlord’s unlawful detainer action to evict a tenant is dismissed because the notices required by the U.S. Department of Housing and Urban Development were deficient. Further, the indigent tenant was not required to post an appeal bond ...

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Issue presented on appeal not raised in trial court (access required)

Where appellant was convicted of practicing a profession or occupation without a valid license, his conviction is affirmed because the argument he presented on appeal was never presented to the trial court. Background Two homeowners directed their real estate agent, ...

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Reporter covered by qualified privilege; subpoena quashed (access required)

A reporter may assert the qualified reporter privilege in response to a subpoena to compel her testimony in this defamation case. Her motion to quash the subpoena is granted. The reporter has obtained confidential and nonconfidential information during her investigation ...

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Jury gets negligence and causation issues (access required)

In these consolidated cases involving multiple vehicle collisions in a construction zone, the issues of negligence, proximate cause and superseding intervening causation will go to the jury. Overview Defendant Lakeside employed Mathis, who was driving the lead vehicle. Plaintiff Gregory ...

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Maintenance contract not subject to motion craving oyer (access required)

Where a maintenance contract was referenced in the complaint, a motion craving oyer of the contract is denied. Oyer developments Plaintiff referenced a maintenance contract in a complaint against a homeowners association and other defendants. PLM, a maintenance contractor and ...

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Subpoena dispute involving Twitter is transferred (access required)

The disposition of a nonparty subpoena to Twitter issued in a defamation action in the Eastern District of Virginia was transferred to that court because decisions on motions to quash are intertwined with the underlying matter, transfer avoids inconsistent results ...

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Choice-of-law question gets interlocutory review (access required)

The decision that a choice-of-law provision in plaintiffs’ loan agreements with tribal officials would violate Virginia’s public policy against unregulated usurious lending was certified for immediate interlocutory appeal. It was a controlling question of law upon which there was no ...

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Internet Tax Freedom Act preempts general business tax (access required)

Where Fairfax County taxed Cox Communications’ gross receipts of internet access fees under the commonwealth’s Business, Professional, and Occupational License tax, this was error because the federal Internet Tax Freedom Act preempts the BPOL tax. It is the county’s burden ...

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A long-distance call (access required)

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A new rule promises to open opportunities for Virginia lawyers to present trial witnesses by video from distant locations. Witnesses will be allowed to testify by audio-video links at civil trials under the rule that takes effect March 15. The ...

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NY-based defendant is not subject to jurisdiction in Virginia (access required)

Where a New York-based defendant was sued for committing various torts against the Virginia-based plaintiff, his motion to dismiss was granted because he did not purposefully avail himself of the privilege of doing business in Virginia and the claims did ...

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