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 ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Grace Burke Carroll Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Franklin County Circuit Court Judge Stacey W. Moreau Virginia Circuit Courts

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. ...

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

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 ...

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

Although the California corporation was dissolved in September 2018, it may still be sued for its predissolution activities. The plaintiff has 14 days to serve an officer, director or person having charge of the company’s assets before it can seek ...

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

Where the general district court determined that appellant had a mental illness and ordered involuntary admission and treatment, appellant cannot appeal the commitment order because he was released from treatment, and the order had expired, before the hearing was held. ...

Tagged with: Civil Practice Supreme Court of Virginia

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 ...

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

The trial court erred by retroactively applying a statute, which allows local authorities to erect war monuments and prevents such monuments from being moved or covered, to nullify appellant city’s measures to cover and move statues of Robert E. Lee ...

Tagged with: Civil Practice Justice S. Bernard Goodwyn Supreme Court of Virginia

Where there was sufficient evidence from which a jury could conclude that the appellee defrauded appellant, the court erred by setting aside the jury’s verdict on the basis that appellant could not prove where she obtained $100,000 that she gave ...

Tagged with: Civil Practice Supreme Court of Virginia

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 ...

Tagged with: Civil Practice Judge Ricardo Rigual Spotsylvania Circuit Court Virginia Circuit Courts