Where a father asserted the mother of their minor child must return the child to Canada, and a bench trial would be held within six weeks from the date he filed the petition, the parties were allowed to provide written ...

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

A pro se relator’s qui tam action is dismissed because the relator is not represented by counsel. Grounds for dismissal “This matter is before the court on the motion of the Commonwealth of Virginia, by the Office of the Attorney ...

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

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. ...

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

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 ...

Tagged with: Civil Practice Judge Mary Bennett Malveaux Virginia Court of Appeals

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 ...

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

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 ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Dontae L. Bugg Virginia Circuit Courts

Where defendant demurred to plaintiff’s contract claim on the basis that plaintiff did not name a necessary party, the demurrer is overruled. A demurrer tests the legal sufficiency of factual claims. A motion for joinder is the “proper” vehicle to ...

Tagged with: 20th Circuit Court Civil Practice Judge Jeanette A. Irby Virginia Circuit Courts

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 ...

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

Where the summons and complaint was received at the defendant’s house on Aug. 29, that date started the 30-day clock for removing the case to federal court. Although the defendant argued he was not home on Aug. 29, did not ...

Tagged with: Civil Practice Judge Raymond A. Jackson U.S. District Court - Eastern District

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 ...

Tagged with: Civil Practice Judge Mary Bennett Malveaux Virginia Court of Appeals