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Tag Archives: Civil Procedure

Oyer motion denied for criminal matter documents (access required)

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 ...

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Comptroller not proper party for damage claim (access required)

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 ...

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Form letters insufficient contacts for jurisdiction (access required)

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 ...

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Federal sovereign immunity bars gross negligence claim (access required)

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 ...

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Volunteer coaches have sovereign immunity (access required)

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 ...

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Virginia is proper venue for defamation claim (access required)

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. ...

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Kentucky settlement bars action for same injury (access required)

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 ...

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Fraudulent concealment tolls statute of limitations (access required)

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 ...

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