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Tag Archives: Civil Practice

Incapacitated recipient must repay SNAP benefits (access required)

Where the Virginia Department of Social Services paid Supplemental Nutrition Assistance Program benefits to an incapacitated person who was not qualified to receive them, the decision to recoup the benefits must be affirmed. Background Mohammed Moosavi is an incapacitated person. ...

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No standing to appeal VDOT land use permit (access required)

Appellant’s membership in a neighborhood association that opposed pipeline construction in their neighborhood did not give her standing to appeal the grant of a land use permit that authorized the construction. Background After the Virginia Department of Transportation approved Washington ...

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Venue transfer denied in med-mal case (access required)

Even though plaintiff executor sued defendant care provider in Norfolk County despite the fact that plaintiff’s decedent was treated in defendant’s Sussex County facility, defendants’ motion to transfer venue is denied. Overview Medical Facilities of America, the lead defendant in ...

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Attorney’s fees sanctions awarded to defendant (access required)

Even though a non-party funded defendant’s litigation costs, the court awards defendant attorney’s fees sanctions. Background Defendant Gebreyessus moved for sanctions against plaintiff and counsel. Plaintiff seeks reconsideration of the court’s ruling that granted Gebreyessus’ motion for sanctions against plaintiff ...

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Appealing party can’t avoid superseas bond requirement (access required)

A defendant attempting to challenge a significant damages award failed to escape a requirement that it post a supersedeas bond. The defendant could not demonstrate it would be irreparably harmed by posting the bond, the plaintiff would be prejudiced without ...

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Judgment creditor could not compel interrogatory answers (access required)

The trial court correctly dismissed a judgment creditor’s summons to compel appellee to answer debtor’s interrogatories.  Appellee was not among the class of individuals identified in Code § 8.01-506(A) who can be compelled to answer debtor’s interrogatories. The statute does ...

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