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Tag Archives: Civil Practice

Arrest records expunged because charge was dismissed (access required)

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. ...

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Burden of proof assigned in internet tax case (access required)

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 ...

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Defamation claims related to COVID-19 tests go forward (access required)

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 ...

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No injunction against restaurant operating without license (access required)

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 ...

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Legislative immunity shields some subpoenaed documents (access required)

Where defendant served subpoena duces tecum on members of the Alleghany County Board of Supervisors, the commonwealth’s motion to quash is denied in part. Legislative immunity applies to some of the requested documents. Overview This case arises from a petition ...

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Counsel’s ‘slothful inattention’ dooms requests for more time (access required)

Where one motion to dismiss was granted after the plaintiff offered no opposition, he did not respond to a second motion to dismiss and failed to timely serve additional defendants, his counsel’s “slothful inattention” led the court to deny further ...

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