Where the bankruptcy plaintiff did not disclose that she had a medical malpractice claim and did not seek to exempt it from the bankruptcy estate, plaintiff lacks standing to pursue the claim. “[T]he cause of action remain[s] a part of ...

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

Where a conflict of interest disqualified a law firm from representing a Russian bank that sought discovery in aid of an alleged fraud, its subpoenas were quashed. The bank could seek them again through conflict-free counsel. Background VUZ Bank JSC ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a chemical company sued a privately operated water company for breach of contract, the tariff under which the parties conducted their business is best understood as a contract, which is reviewable by the circuit court, rather than a decision ...

Tagged with: Civil Practice Judge Wesley G. Russell Jr. Supreme Court of Virginia

Where defendant’s demurrer asserts that plaintiff’s civil claims for sexual assault and battery, and aggravated sexual assault and battery fall under the tort of assault and battery, the demurrer is overruled because “Virginia law recognizes individual torts of sexual assault ...

Tagged with: 25th Circuit Court Civil Practice Judge Anne F. Reed Virginia Circuit Courts

Where a complaint alleged that the plaintiff and defendant were both citizens of Virginia, so there was no diversity jurisdiction, and the complaint did not clearly assert any claims that could serve as the basis for federal question jurisdiction, it ...

Tagged with: Civil Practice Judge Roderick C. Young U.S. District Court - Eastern District

Where a plaintiff asserted claims for defamation per se and insulting words against a bank and its attorney, but did not identify any actionable statements in a letter the attorney sent to the plaintiff, defendants’ demurrers are granted and plaintiff ...

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

Where a man alleged that his due process rights were violated because the Virginia Employment Commission, or VEC, had not processed his November 2021 claim, but failed to establish the court had subject matter jurisdiction, his suit was dismissed. Background ...

Tagged with: Civil Practice Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a jury awarded $1 in compensatory damages and $200,000 in punitive damages on a defamation claim, a motion for remittitur is granted. The award is reduced to $25,000. Background The parties are both dentists. Brown hired Grundy in 2013 ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Michael F. Devine Virginia Circuit Courts

Where appellant was molested by an employee of a community mental health services board, the circuit court incorrectly granted the board’s plea in bar after concluding that the board was entitled to sovereign immunity from appellant’s simple negligence claim. The ...

Tagged with: Civil Practice Justice Cleo E. Powell Supreme Court of Virginia

Where appellants were sanctioned for filing frivolous claims against an employee, most of the trial court’s sanctions were correct. The attorney fees award, however, must be recalculated. The court awarded attorney fees on the whole of appellants’ claims instead of ...

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