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Tag Archives: Civil Practice

No fraud or unjust enrichment in home construction action (access required)

Where plaintiffs sued for return of their deposits paid for property and construction of a home, the court finds defendants did not violate the Virginia Consumer Protection Act, and were not unjustly enriched by retaining plaintiffs’ deposits. To prove fraud ...

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Demurrer sustained in defamation action (access required)

Defendants’ demurrer in this defamation action is sustained because plaintiff has not sufficiently alleged that the complained-of statements were false. Alleged defamation Plaintiff Presler complains about five statements made in defendants’ advertisement: “a) Presler is the ‘leader of a local ...

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Contract and tort claims revived in mold case (access required)

Where plaintiffs alleged tort and contract claims arising from defendant’s construction of a home and  post-construction attempts to repair leaks and remediate the resulting mold, the trial court erred by granting defendant’s demurrers and dismissing all claims. Overview The appeal ...

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Doctor’s motion to quash records subpoena granted (access required)

Where a child’s therapist, who is not a party to this divorce action, moved to quash a subpoena duces tecum of the child’s mental health care records, the motion is granted. The controlling statute allows a health care professional to ...

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Jurisdiction question sent to Fourth Circuit (access required)

Where a court concluded it had jurisdiction over alleged “alt-right” journalists and publishers sued for defamation in connection with articles about the “Unite the Right” rally, that court has certified portions of its decision for immediate review by the Fourth ...

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