Where the general district court determined that appellant had a mental illness and ordered involuntary admission and treatment, appellant cannot appeal the commitment order because he was released from treatment, and the order had expired, before the hearing was held. ...

Tagged with: Civil Practice Supreme Court of Virginia

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 ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Robert J. Smith Virginia Circuit Courts

The trial court erred by retroactively applying a statute, which allows local authorities to erect war monuments and prevents such monuments from being moved or covered, to nullify appellant city’s measures to cover and move statues of Robert E. Lee ...

Tagged with: Civil Practice Justice S. Bernard Goodwyn Supreme Court of Virginia

Where there was sufficient evidence from which a jury could conclude that the appellee defrauded appellant, the court erred by setting aside the jury’s verdict on the basis that appellant could not prove where she obtained $100,000 that she gave ...

Tagged with: Civil Practice Supreme Court of Virginia

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 ...

Tagged with: Civil Practice Judge Ricardo Rigual Spotsylvania Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Alleghany County Circuit Court Civil Practice Judge Edward K. Stein Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Judge Robert E. Payne U.S. District Court - Eastern District

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 ...

Tagged with: Civil Practice Judge James P. Fisher Loudon County Circuit Court Virginia Circuit Courts

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 ...

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

Where the New Jersey federal district court found the case should be transferred to the Eastern District of Virginia under the “first-filed rule,” but delayed transfer until it was confirmed the EDVA had jurisdiction over previously filed cases, a waiver ...

Tagged with: Civil Practice Judge Noel L. Hillman U.S. District Court - Eastern District