Tag Archives: Civil Practice

Defamation claims related to COVID-19 tests go forward (access required)

Where a pharmaceutical company sued a newspaper for claims arising from an article about COVID-19 home testing, the newspaper’s demurrer to defamation claims is overruled. Demurrers to claims against the paper’s executives in their personal capacity the paper’s parent companies ...

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No injunction against restaurant operating without license (access required)

Even though defendant’s restaurant is still operating after state health authorities suspended its license for noncompliance with COVID-19 restrictions, the court declines to enjoin the restaurant’s operation. Overview In response to COVID-19, the governor and the state health commissioner issued ...

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Legislative immunity shields some subpoenaed documents (access required)

Where defendant served subpoena duces tecum on members of the Alleghany County Board of Supervisors, the commonwealth’s motion to quash is denied in part. Legislative immunity applies to some of the requested documents. Overview This case arises from a petition ...

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Counsel’s ‘slothful inattention’ dooms requests for more time (access required)

Where one motion to dismiss was granted after the plaintiff offered no opposition, he did not respond to a second motion to dismiss and failed to timely serve additional defendants, his counsel’s “slothful inattention” led the court to deny further ...

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Statute allows substitute to confess judgment (access required)

A statute that provides a method for appointing a substitute attorney in fact after a confession of judgment is executed defeats defendants’ argument that a successor must be named in the original instrument. Plaintiff’s motion to affirm a confession of ...

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Prior suit not res judicata for easement counterclaim (access required)

Because defendants in the current suit concerning a lake access easement were not in privity with the plaintiff in a prior suit concerning the same easement, res judicata does not bar defendants’ counterclaim against plaintiffs in the current suit. Alleged ...

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