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Tag Archives: Civil Practice

Leave to amend granted in contract breach case (access required)

Where a valid nonsuit was entered in plaintiff’s previous suit against a homeowners association, he has preserved his right to refile his case. Plaintiff is granted leave to amend his declaratory judgment count, or, in the alternative, to bring claims ...

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Defamation and emotional distress claims dismissed (access required)

Although all of the complained-of news reports fall within the statute of limitations, plaintiff’s defamation claims are dismissed because the statements are true and lack the necessary “sting” to be actionable defamation. Further, some of the statements are opinions. Plaintiff’s ...

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Arrest records expunged because charge was dismissed (access required)

Where petitioner seeks to have records of his arrest for “sexual battery” expunged, the petition is granted because the charges were eventually dismissed. Overview Petitioner was arrested on January 30, 2006, for misdemeanor sexual battery in violation of Code§ 18.2-267.4. ...

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Burden of proof assigned in internet tax case (access required)

Where an internet provider challenges the Virginia Tax Commissioner’s ruling that the city of Norfolk’s business tax can be levied on gross receipts from internet access services under the grandfather clause in a federal law that bans such taxation, the ...

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Defamation claims related to COVID-19 tests go forward (access required)

Where a pharmaceutical company sued a newspaper for claims arising from an article about COVID-19 home testing, the newspaper’s demurrer to defamation claims is overruled. Demurrers to claims against the paper’s executives in their personal capacity the paper’s parent companies ...

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No injunction against restaurant operating without license (access required)

Even though defendant’s restaurant is still operating after state health authorities suspended its license for noncompliance with COVID-19 restrictions, the court declines to enjoin the restaurant’s operation. Overview In response to COVID-19, the governor and the state health commissioner issued ...

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