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

Where plaintiff claims that the Virginia Electric and Power Company breached express and implied warranties when his business was damaged by a fire allegedly caused by an electric meter, the court grants VEPCO’s motion craving oyer of any agreement that ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Daniel E. Ortiz Virginia Circuit Courts

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