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 ...

Tagged with: Civil Practice Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

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, ...

Tagged with: Civil Practice Judge Clifford L. Athey Jr. Virginia Court of Appeals

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 ...

Tagged with: Civil Practice Judge Joi Jeter-Taylor Richmond Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Judge Fredrick A. Rowlett Virginia Circuit Courts

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 ...

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

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 ...

Tagged with: Civil Practice Judge Glen E. Conrad U.S. District Court - Western District

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 ...

Tagged with: Civil Practice Judge David J. Novak U.S. District Court - Eastern District

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 ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Grace Burke Carroll Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Supreme Court of Virginia News

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 ...

Tagged with: Civil Practice Judge Rebecca Beach Smith U.S. District Court - Eastern District