Where a trial against prisoner transportation companies had already been bifurcated into a liability/compensatory portion and a separate punitive damages portion, the first phase of trial will not be further bifurcated because it would inconvenience the parties, the witnesses, the ...

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

Where the decedent died in a house fire, sovereign immunity bars a suit against the city for maintaining a defective fire hydrant. The essence of the estate’s claim is that city firefighters did not extinguish the fire quickly enough to ...

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

Where the trial court dismissed appellant’s original contract suit after giving the parties the opportunity to sue in Maryland under a forum selection clause and one party did so, the trial court correctly ruled that appellant could not refile the ...

Tagged with: Civil Practice Order Supreme Court of Virginia

George Mason University Foundation, a private, nonprofit corporation that raises funds and manages donations to George Mason University, is not subject to the Virginia Freedom of Information Act. Overview Appellant, Transparent GMU, filed a VFOIA request with GMU and the ...

Tagged with: Civil Practice Justice Cleo E. Powell Supreme Court of Virginia

Where a durable power of attorney authorized a mother to sell and convey her son’s personal and real property, this did not include the power to make gifts. The circuit court erred by ruling that the mother validly gifted most ...

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

Where two organic mattress companies are involved in litigation over whether the defendant is improperly representing its mattresses as certified to meet the requirements of the Global Organic Textile Standard, or GOTS, an entity that implements the GOTS program was ...

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

Where two organic mattress companies are involved in litigation over whether the defendant is improperly representing its mattresses as certified to meet the requirements of the Global Organic Textile Standard, or GOTS, an entity that implements the GOTS program was ...

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

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