Where plaintiff filed a nonsuit motion after a hearing on defendant’s motion to dismiss, the nonsuit motion is denied because the case had been submitted to the court for a decision. Background Plaintiff alleged that defendant Norfolk Southern Railway caused, ...

Tagged with: Civil Procedure Judge David B. Carson Roanoke County Circuit Court Virginia Circuit Courts

A federal judge has vacated an opinion on the handling of expert witnesses after the parties settled and together requested the opinion be removed from the record. The judge had excluded experts on both sides of a property valuation dispute ...

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

Where wife filed a “salacious” divorce complaint, which she nonsuited after it was revealed the parties were already litigating a Florida divorce and custody action, husband’s motion to seal the record is granted in part. Overview Although the parties had ...

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

Where the trial court found for plaintiff but did not issue an order reflecting its ruling and judgment against all defendants until after one of them died, the order was not a final order because it entered a judgment against ...

Tagged with: Civil Procedure Order Supreme Court of Virginia

Where plaintiff has sued defendant, his ex-wife, for malicious prosecution arising from five criminal warrants she swore out against him for trespass, and for a protective order issued against him, her demurrer is sustained. Plaintiff bases his complaint on defendant’s ...

Tagged with: Civil Procedure Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

In this ongoing litigation involving claims arising from a foreclosure sale of plaintiff’s home, the court denies his motion for leave to amend the eighth version of his complaint and grants a related motion to strike filed by the Virginia ...

Tagged with: Civil Procedure Judge David W. Lannetti Norfolk Circuit Court Order Virginia Circuit Courts

Where the commonwealth billed construction companies and others more than $7 million for flooding damages resulting from a ruptured water line, the commonwealth comptroller’s suit under the Virginia Debt Collection Act to recover damages, interest, attorney’s fees and costs is ...

Tagged with: Civil Procedure Judge Clarence N. Jenkins Jr. Richmond Circuit Court Virginia Circuit Courts

Credibility issues undermined a police officer’s defense for the fatal shooting of a 17-year-old boy, according to lawyers who won a $3,810,124.18 verdict from a Loudoun County jury. Despite a Virginia State Police report that found no reason to charge ...

Tagged with: Civil Procedure Loudoun County Circuit Court

Where Massachusetts sent plaintiff, a Virginia company, form letters and notices advising that it might have a duty to collect and remit sales tax on its internet business activities in Massachusetts, these are insufficient contacts to establish jurisdiction for plaintiff’s ...

Tagged with: Civil Procedure

On remand from the Virginia Supreme Court for application of federal maritime law, the court finds that defendant is entitled to federal sovereign immunity, and, as a result, the gross negligence claims against him must be dismissed. Background Pridemore was ...

Tagged with: Civil Procedure Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts