Even though appellant altered her assignments of error after her appeal petition was granted, the appeal will be heard. The original assignments of error were adequately addressed on brief. As to the merits, the circuit court incorrectly delegated its authority ...

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

A loan servicing company was not in privity with the law firm that represented it in a foreclosure action against a property owner. As a result, when the property owner named only the law firm in an unsuccessful petition to ...

Tagged with: Civil Procedure Justice S. Bernard Goodwyn Supreme Court of Virginia

Where a federal jury determined that plaintiff knowingly violated the False Claims Act despite her argument that she relied on the advice of counsel in good faith, plaintiff is collaterally estopped from suing the law firm for malpractice in state ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Clarence N. Jenkins Jr. Virginia Circu

Virginia is the proper forum for plaintiff’s defamation suit because under the lex loci delicti rule, the cause of action arose where the last act for publishing the allegedly defamatory essay took place; in this case, when a newspaper uploaded ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Bruce D. White Virginia Circuit Courts

A defense motion to set aside defaults and file responsive pleadings is granted. Plaintiffs did not argue they will be prejudiced if the motion is granted. Further, defendant did not act in bad faith by rejecting service for incorrect or ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Bruce D. White Virginia Circuit Courts

The court grants a business defendant’s motion to dismiss for lack of personal jurisdiction; long-arm jurisdiction is unavailable because the cause of action did not arise from this defendant transacting business in Virginia. Overview A daycare business, My Little Magic ...

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

Where several financial funds sued in Virginia, claiming that a trustee bank failed to pursue litigation in New York to protect the funds’ interests, the circuit court correctly denied the bank’s motion to dismiss based on forum non conveniens. The ...

Tagged with: Civil Procedure Justice S. Bernard Goodwyn Supreme Court of Virginia

A two-year statute of limitations bars a condominium association’s claims that former directors breached fiduciary duties, and conspired to do so, by failing to levy sufficient assessments to maintain reasonable reserve and operating accounts during their tenure. Further, the statute ...

Tagged with: Civil Procedure Published Order Supreme Court of Virginia

Where a Canadian resident was sued in Loudoun Circuit Court for allegedly illegal use of a couple’s assets, the circuit court correctly concluded that because she did not engage in a “persistent course of conduct in Virginia,” she was not ...

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

Where defendant became liable for damages arising from an accident involving a leased vehicle, his circuit court appeal is dismissed because a letter from the vehicle’s owner was not a “written irrevocable confirmation of indemnity coverage” for appeal purposes. There ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts