Where plaintiff did not disclose, in response to defendant’s discovery request, a medical care provider he consulted for a second opinion in this medical malpractice case, plaintiff must pay defendant’s attorneys’ fees relating to the discovery violation. Background Plaintiff sued ...

Tagged with: Civil Practice Judge Mary Jane Hall Norfolk Circuit Court Virginia Circuit Courts

Although three cases arose from the same basic facts, one case was materially further along, involved a narrower set of claims and could serve as the bellweather for the other two. The risk of inconsistent verdicts was minimal because the ...

Tagged with: Civil Practice Judge Robert E. Payne U.S. District Court - Eastern District

The court, sua sponte, concludes that it lacks appellate jurisdiction to review the juvenile and domestic relations district court’s denial of appellant’s motion to dissolve a protective order. More to be done Code § 16.1-296 governs jurisdiction of appeals from ...

Tagged with: Civil Practice Judge Stephen C. Mahan Virginia Circuit Courts

Where the parties in this medical malpractice case, a minor, his mother and several defendants, made a pretrial settlement of plaintiffs’ claims, the court will not seal the settlement terms. Although the wrongful death statute requires settlement terms to be ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

There was sufficient evidence to support the jury’s determination that appellant breached her fiduciary duty in connection with dealing with the decedent’s funds. However, the trial court correctly reduced the jury’s damage award after determining that appellant acted properly when ...

Tagged with: Civil Practice Supreme Court of Virginia

Issue and claim preclusion was improperly applied to dismiss counterclaims filed by restaurant employees under the Fair Labor Standards Act and South Carolina Wage Payment Act. The Supreme Court has refused to recognize the “virtual representation exception” relied upon by ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice

In a suit to recover towing and other charges associated with righting a dump truck, recovering its load, remediating contaminated soil, and removing the truck and the soil from the scene, the jury’s damage award must be reduced. The remedy ...

Tagged with: Civil Practice Justice Stephen R. McCullough Supreme Court of Virginia

In this intentional tort case, where defendant has demurred on the basis that her statements to the magistrates are “absolutely privileged” or “otherwise privileged as a matter of law,” the demurrer is overruled. The court simply does not know what ...

Tagged with: Civil Practice Norfolk Circuit Court Virginia Circuit Courts

Where plaintiff’s claim under the Virginia Motor Vehicle Warranty Enforcement Act was previously found to be untimely, the claim is not revived by his demand for a refund and his refusal of a settlement offer from the vehicle manufacturer. The ...

Tagged with: Civil Practice Norfolk Circuit Court Virginia Circuit Courts

A landlord is entitled to a $1.2 million attorneys’ fee after being awarded $2 million in damages arising from a dispute with its tenants. The case arose from a commercial lease and assignment of the lease. All three parties contractually ...

Tagged with: Civil Practice Fairfax County Circuit Court Virginia Circuit Courts