Where members of the Heritage Fellowship Church allege that its board of directors manipulated voter rolls after a failed attempt to confirm a senior pastor by lowering the number of votes needed for the necessary two-thirds majority, and accordingly declared ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Brett A. Kassabian Virginia Circuit Courts

A livestock owner who was previously convicted of violating Virginia’s animal cruelty statutes lacked standing to attack the statutes as unconstitutional because she did not allege that she intended to care for livestock in a manner prohibited by the laws. ...

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

The filing of a mechanic’s lien, without an accompanying enforcement action, does not give rise to a claim for abuse of process because no judicial authority is involved. Defendants’ demurrer to this claim is sustained. Overview The “narrow issue” in ...

Tagged with: Civil Practice Judge Everett A. Martin Jr. Norfolk City Circuit Court Virginia Circuit Courts

Where the 4th U.S. Circuit Court of Appeals previously held that a plaintiff who won a preliminary injunction that was not reversed or modified, but whose case was later dismissed as moot, is not a “prevailing party” entitled to attorneys’ ...

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

Where a homeowner argued the mortgage noteholder lacked standing to initiate foreclosure proceedings because of irregularities in the process by which it was assigned the mortgage, and that claim depended entirely on the interpretation of federal law and federal regulations, ...

Tagged with: Civil Practice Judge Claude M. Hilton U.S. District Court - Eastern District

Where a former Virginia Tech student claimed the university and its officials denied him due process and violated Title IX during an investigation into an alleged sexual assault, his suit was dismissed because he failed to timely serve the defendants ...

Tagged with: Civil Practice Judge Thomas T. Cullen U.S. District Court - Western District

The commonwealth presented sufficient evidence at appellant’s annual review from which the trial court could conclude that he was a sexually violent predator who could not be conditionally released from in-patient treatment. Overview Before Edwards was released from prison following ...

Tagged with: Civil Practice Supreme Court of Virginia

Where a patient’s health insurer did not fully reimburse a medical care provider for services rendered, the circuit court incorrectly concluded that the provider has a private right to action to sue the insurer for the unpaid amount. Overview Appellee ...

Tagged with: Civil Practice Supreme Court of Virginia

Where petitioner was not a party to an adoption proceeding, the Court of Appeals correctly granted the adoptive father’s motion to dismiss her petition to appeal the adoption order. Background Petitioner Bonanno is the mother of Elizabeth Quinn, who married ...

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

Where defendant railroad company has moved to dismiss plaintiff’s injury claim brought under the Federal Employers’ Liability Act based on an inconvenient forum, the motion is denied. Defendant has not established “substantial inconvenience” to the likely witnesses at trial. Background ...

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