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

Volunteer coaches conducting a high school baseball team’s batting practice have sovereign immunity from the simple negligence claims in plaintiffs’ lawsuit. Immunity analysis Code § 2.2-3605 provides sovereign immunity to volunteers to the same extent as paid staff. Whether the ...

Tagged with: Civil Procedure Judge William R Marchant Richmond Circuit Court Virginia Circuit Courts

Where plaintiff claims that the Virginia defendants, an individual and a corporation, defamed him on Twitter and that defendant Twitter Inc. negligently allowed the posts to remain on its social media platform, Virginia is the proper venue for all claims. ...

Tagged with: Civil Procedure Henrico County Circuit Court Judge John Marshall Virginia Circuit Courts

Plaintiff estate’s settlement of a Kentucky personal injury claim precludes Virginia litigation to recover for the same injury Even though Kentucky law allows recovery under both person injury and wrongful death theories, Virginia law only allows one recovery for the ...

Tagged with: Civil Procedure Judge Richard C. Patterson Tazewell County Circuit Court Virginia Circuit Courts

Where a defendant affirmatively acts to conceal a cause of action, the statute of limitations is tolled until the concealment is discovered, and it is immaterial whether the cause of action has accrued when the intentional, fraudulent concealment occurs. In ...

Tagged with: Civil Procedure Judge Humes J. Franklin Jr. Roanoke Circuit Court Virginia Circuit Courts