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Tag Archives: Civil Practice

Putative class action over toll fees dismissed

Where a woman’s putative class-action suit alleged the West Virginia Parkways Authority unjustly enriched itself by collecting administrative and notice toll fees in violation of West Virginia law, but the Class Action Fairness Act limits jurisdiction where a governmental entity ...

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Damages claim beyond district court limit rejected

Where, in an appeal from the general district court, plaintiff-appellant’s amended complaint sought damages beyond the district court’s $25,000 jurisdictional limit, the amended complaint was outside the circuit court’s jurisdiction. The jury’s verdict for appellant is vacated. Detinue claim Appellee ...

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Virginia Court of Appeals – Unpublished decisions affirmed per curiam

Civil Practice Appellant’s statute of limitations issue cannot be reached because she did not file a transcript or a statement of facts pertaining to the trial court hearing. Depaz v. The Council of Co-Owners of the Westerlies Condominium Ass’n, Record ...

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No injunction to stop permit revocation

Where a city council revoked a nightclub’s conditional use permit after a shooting occurred on the premises, the nightclub will not be granted a preliminary injunction to prevent enforcement of the revocation. Background The Legacy Lounge obtained a conditional use ...

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Unhappy litigant’s suit vs. judges is dismissed

Where a woman sued three Fairfax County judges, after they ruled against her in connection with an eviction and related state-court proceedings, her suit was dismissed as an improper appeal of adverse state-court judgments and because of judicial immunity. Background ...

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COVID tolling applies to all statutes of limitations

Where the statute of limitations for a personal injury claim expired during one of the judicial emergency orders related to COVID-19, the circuit court incorrectly dismissed the case. The emergency orders tolled and extended all statutes of limitations. Statement of ...

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