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 ...

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

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 ...

Tagged with: Civil Practice Judge Pamela S. Baskervill Virginia Beach Circuit Court Virginia Circuit Courts

Although two plaintiffs argued they did not authorize their attorney to voluntarily dismiss their employment case with prejudice, they did not show they had a meritorious claim and, in any event, were bound by their attorneys’ decision. Background Janis Ward, ...

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

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 ...

Tagged with: Civil Practice Justice D. Arthur Kelsey Supreme Court of Virginia

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 ...

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

Where one of the parties in a settlement action previously agreed to pay its law firm a portion of settlement proceeds as attorneys’ fees, the firm cannot assert claims under state statutory or federal common law liens, but it can ...

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

Where there was no complete diversity between the parties, the suit was remanded to the Amelia Circuit Court. Because the defendants did not lack an objectively reasonable basis for removing the case, no attorneys’ fees were awarded by the court. ...

Tagged with: Civil Practice Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the plaintiff was previously warned it needed to comply with the deadlines imposed by the local rules, but nevertheless submitted an untimely opposition to a motion to dismiss and failed to provide a reason for the tardiness, its complaint ...

Tagged with: Civil Practice Judge Jackson L. Kiser U.S. District Court - Western District

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 ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

Although the defendants decided not to go ahead with the sale of a truck business after it was enjoined from proceeding, the suit is not moot because Volvo has remedies available— one of which does not depend on a pending ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District