The circuit court’s temporary injunction, which barred the mayor of Richmond from removing war memorials from their locations, is vacated. Overview Stoney, the mayor of Richmond, invoked his emergency powers to move various war memorials, “explaining the continued presence of ...

Tagged with: Civil Practice Supreme Court of Virginia

Where appellant, relying on a police report, named the wrong person as the defendant driver in a personal injury case, appellant was entitled to file a new complaint naming the correct person after the statute of limitations expired. Background On ...

Tagged with: Civil Practice Justice D. Arthur Kelsey Justice William C. Mims Supreme Court of Virginia

Where plaintiff claims the state police violated his rights by denying his application to purchase a firearm, sovereign immunity bars the claim. The state police department, as an agent of the commonwealth, has sovereign immunity and there is no express ...

Tagged with: Civil Practice Judge Charles N. Dorsey Roanoke County Circuit Court Virginia Circuit Courts

Where the City of Norfolk has filed a demurrer and a plea in bar in response to plaintiff’s complaint arising from a building demolition, the demurrer is sustain and plaintiff is granted leave to amend its complaint. Defendant city’s plea ...

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

Plaintiff’s motion to compel discovery regarding defendant’s total net worth is granted. Defendant’s arguments that his net worth is not subject to discovery, or is discoverable only in part, are not well taken. The information must be provided. A protective ...

Tagged with: 15th Circuit Court Civil Practice Judge Patricia Kelly Virginia Circuit Courts

Where plaintiff nonsuited a defendant in this personal injury case, a motion by the remaining defendant to transfer venue is granted. The court concludes that plaintiff added the nonsuited defendant “with the intent to create venue in a forum to ...

Tagged with: Civil Practice Judge Joseph M. Teefey Jr. Petersburg Circuit Court Virginia Circuit Courts

Where a defendant hospital produced redacted records in response to a plaintiff patient’s subpoena duces tecum in this personal injury case, some of the redactions are not privileged and must be disclosed. Background Hite was a patient at Mary Immaculate ...

Tagged with: 7th Circuit Court Civil Practice Judge Christopher R. Papile Virginia Circuit Courts

Where the trial court ruled that res judicata precluded appellant’s newly filed claim for damages in an easement dispute and alternatively ruled that the damages sought could not legally be recovered, appellant’s failure to present in its opening brief any ...

Tagged with: Civil Practice Supreme Court of Virginia

Where plaintiff appealed the general district court’s disposition of his warrant in debt, plaintiff timely presented his jury demand at the circuit court’s scheduling conference. In the district court, plaintiff alleged in his warrant in debt “fraud, misrepresent. of lease, ...

Tagged with: Civil Practice Judge Everett A. Martin Jr. Norfolk Circuit Court

Where plaintiff, the labor and industry commissioner, sued United Parcel Service 39 months after the parties ended discussions on how to resolve a citation the commissioner issued after a fatal accident at a UPS facility, the delay was prejudicial and ...

Tagged with: Civil Practice Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts