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Tag Archives: Civil Procedure

Claims against condo directors barred by statute of limitations (access required)

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 ...

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Defective indemnity letter bars auto crash appeal (access required)

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 ...

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City council member can contest zoning decision (access required)

Petitioner, a member of the Petersburg City Council, is an “officer of the locality” within the meaning of Code § 15.2-2311, and as such, has standing to challenge a decision made by respondent city’s zoning administrator regarding residential use of ...

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Default for missed pleading deadline upheld (access required)

Code § 8.01-428(D) does not grant a court unlimited power to set aside a default judgment, and, as a result, where petitioner missed a pleading deadline in the underlying action, the default judgment granted in respondent’s favor is upheld. Parties’ positions ...

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Important Opinions January – December 2018 (access required)

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The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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Substitute trustee can be sued for breach of fiduciary duty (access required)

Because the Eastern District of Virginia has previously recognized a cause of action for breach of fiduciary duty against a substitute trustee, the defendant was not fraudulently joined in the lawsuit. In addition, the defendant could not establish subject matter ...

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Tort claims against insurer dismissed because relationship governed by contract (access required)

An insured sued its insurer for conversion, breach of the covenant of good faith and fair dealing, fraud, and intentional misrepresentation, all arising out of the insurer’s refusal to pay the claim under the policy. Because each particular tortious breach ...

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Case lacking complete diversity remanded to state court (access required)

Because a homeowner and a mortgage company in a breach of fiduciary duty action are both citizens of Virginia, the federal court found no complete diversity between the parties and remanded the case to state court. Background Plaintiff alleges that ...

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