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Tag Archives: Civil Procedure

Federal sovereign immunity bars gross negligence claim

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

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

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

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

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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Altered assignments of error disapproved in trust case

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 ...

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