Civil Practice

Mar 21, 2022

Court did not properly analyze expenses request

The trial court’s award of fees and expenses to appellant is reversed in part because the court disallowed some of the requested expenses without determining whether they were reasonable. Overview In a previous phase of this case, Sumner I, appellant Sumner Partners prevailed in a real estate contract dispute with Venture Investments. “[W]e remanded the […]

Mar 14, 2022

Providers can challenge Virginia’s Medicaid plan

Where medical providers alleged that amendments to Virginia’s Medicaid plan deprived them of just compensation required by the Fifth Amendment’s Takings Clause, the district court erred in holding the plaintiffs lacked standing. Background The Virginia Hospital & Healthcare Association, the Medical Society of Virginia and the Virginia College of Emergency Physicians initiated this civil ac[...]

Mar 14, 2022

No legal malpractice claim for oral motion

Where plaintiff pleaded guilty to DUI-maiming and later moved to withdraw his plea, defense counsel’s oral motion, which the trial court denied, is not grounds for a legal malpractice claim. Prior proceedings Plaintiff Ascue ran a red light at 65 mph, then rear-ended a car. The car then crashed into another vehicle. The car driver […]

Mar 8, 2022

Abortion providers have standing to challenge SC law

Where abortion providers challenged South Carolina legislation that bans abortions after an ultrasound detects a “fetal heartbeat,” they had third-party standing to do so because they would suffer an injury-in-fact from enforcement and could reasonably be expected to frame the issues and present them with the necessary adversarial zeal. Background Three abortion providers challenge South [&hel[...]

Mar 8, 2022

SOL continued to run despite tolling provision

Where a judicial emergency order tolled the statute of limitations for a specified period, the tolling provision applies to cases in which the statute of limitations expired within the tolling period. The order tolled statutes of limitations from March 16, 2020, through July 19, 2020. Plaintiff’s personal injury claim, which has a two-year statute of […]

Mar 8, 2022

School boards’ mask policies remain intact

Where the General Assembly, in SB 1303, has delegated policy determinations regarding COVID mitigation protocols to local school boards, the governor cannot override those determinations by issuing an executive order. Background Seven school boards, which have adopted policies of requiring all students and school visitors to wear masks, seek injunctive relief from EO2, which is […]

Mar 1, 2022

Plaintiff lacks standing to challenge boycott order

Where a man sued the Maryland governor and attorney general over an executive order that he interpreted as prohibiting him from bidding on state procurement contracts due to his personal boycotts of Israel-tied products, but the executive order only prohibited a business from engaging in anti-Israel national origin discrimination in the process of preparing a […]

Mar 1, 2022

Claim preclusion bars second suit by same plaintiff

Where the plaintiff previously sued defendant’s subsidiary, and the claims raised in this suit were, could have been or should have been raised in the prior suit in which the subsidiary prevailed on the merits, this suit was barred by claim preclusion. Background Kerrin A. Barrett has sued PAE Inc., alleging claims pursuant to the […]

Feb 28, 2022

Plaintiff without counsel cannot represent estate

Although plaintiff is the proper party as the personal representative of her mother’s estate, she cannot maintain an action to compel defendant to convey a deed to the estate unless she has counsel. Overview Plaintiff Wood sued George Marshall, alleging he breached a contract to convey a deed to her mother. Marshall was found to […]

Feb 28, 2022

Defendant timely objected to venue

Where plaintiff argues that a defendant’s objection to venue was untimely because it was not made within 10 days of when plaintiff nonsuited the defendant whose presence created venue, the argument is not well-taken. The relevant statute provides that objections must be made within 10 days of when the parties are “at issue.” The court […]

Feb 21, 2022

Republican Party may intervene in election lawsuit

Where the Democratic Party of Virginia alleged that two of Virginia’s voting laws violated the U.S. Constitution, the Republican Party of Virginia may intervene as a defendant because it offered a different perspective than the election official defendants, its interests were not aligned with the election official defendants and its intervention would not cause any […]

Feb 21, 2022

Group denied intervention in suit over election laws

Where a conservative legal group moved to intervene in a suit alleging that two of Virginia’s voting laws violate the US Constitution, but their interests were aligned with the state election official defendants and there was no showing of adversity of interest, collusion or nonfeasance, its motion was denied. The group may participate as amicus […]

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