Civil Practice Even though plaintiff executor sued defendant care provider in Norfolk County despite the fact that plaintiff’s decedent was treated in defendant’s Sussex County facility, defendants’ motion to transfer venue is denied. Overview Medical Facilities of America, the lead ...

Tagged with: Civil Practice Va. Circuit Court

Civil Practice Even though a non-party funded defendant’s litigation costs, the court awards defendant attorney’s fees sanctions. Background Defendant Gebreyessus moved for sanctions against plaintiff and counsel. Plaintiff seeks reconsideration of the court’s ruling that granted Gebreyessus’ motion for sanctions ...

Tagged with: Civil Practice Va. Circuit Court

Civil Practice Where defendant demurred to plaintiff’s contract claim on the basis that plaintiff did not name a necessary party, the demurrer is overruled. A demurrer tests the legal sufficiency of factual claims. A motion for joinder is the “proper” ...

Tagged with: Civil Practice Va. Circuit Court

Civil Practice A defendant attempting to challenge a significant damages award failed to escape a requirement that it post a supersedeas bond. The defendant could not demonstrate it would be irreparably harmed by posting the bond, the plaintiff would be ...

Tagged with: Civil Practice U.S. District Court - Western District

Where the summons and complaint was received at the defendant’s house on Aug. 29, that date started the 30-day clock for removing the case to federal court. Although the defendant argued he was not home on Aug. 29, did not ...

Tagged with: Civil Practice Judge Raymond A. Jackson U.S. District Court - Eastern District

The trial court correctly dismissed a judgment creditor’s summons to compel appellee to answer debtor’s interrogatories.  Appellee was not among the class of individuals identified in Code § 8.01-506(A) who can be compelled to answer debtor’s interrogatories. The statute does ...

Tagged with: Civil Practice Judge Mary Bennett Malveaux Virginia Court of Appeals

Plaintiffs’ post-arbitration communications with defendant’s agent extended the statute of limitations on their Lemon Law claim. Overview After plaintiffs claimed their new Jeep manufactured by FCA had many problems, plaintiff Randel submitted a Customer Arbitration Process Application as part of an ...

Tagged with: Civil Practice Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where the trial court required plaintiff to show a “direct relationship” between a defense expert and defendant’s insurer before allowing the expert to be cross-examined on his prior financial relationship with the insurer, this was error. Caselaw provides that the ...

Tagged with: Civil Practice Justice William C. Mims Supreme Court of Virginia

Where plaintiff seeks to depose a representative of defendant Hickory Hill Retirement Community, defendant’s motion for a protective order regarding some of the deposition topics is denied. Decision “Pursuant to Rule 4:5(b)(6), plaintiff, Matthew Charles Henderson, asked that defendant Hickory ...

Tagged with: Civil Practice Judge Paul W. Cella Nottoway County Circuit Court Virginia Circuit Courts

Where a counterclaim was compulsory in that it arose out of the same transaction or occurrence, and it was not timely asserted, good cause existed to allow its untimely filing. The opposing party was aware of the counterclaim, discovery was ...

Tagged with: Civil Practice Judge Michael F. Urbanski U.S. District Court - Western District