A defense motion to set aside defaults and file responsive pleadings is granted. Plaintiffs did not argue they will be prejudiced if the motion is granted. Further, defendant did not act in bad faith by rejecting service for incorrect or ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Bruce D. White Virginia Circuit Courts

The court grants a business defendant’s motion to dismiss for lack of personal jurisdiction; long-arm jurisdiction is unavailable because the cause of action did not arise from this defendant transacting business in Virginia. Overview A daycare business, My Little Magic ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where several financial funds sued in Virginia, claiming that a trustee bank failed to pursue litigation in New York to protect the funds’ interests, the circuit court correctly denied the bank’s motion to dismiss based on forum non conveniens. The ...

Tagged with: Civil Procedure Justice S. Bernard Goodwyn Supreme Court of Virginia

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 ...

Tagged with: Civil Procedure Published Order Supreme Court of Virginia

Where a Canadian resident was sued in Loudoun Circuit Court for allegedly illegal use of a couple’s assets, the circuit court correctly concluded that because she did not engage in a “persistent course of conduct in Virginia,” she was not ...

Tagged with: Civil Procedure Justice Stephen R. McCullough Supreme Court of Virginia

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 ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts

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 ...

Tagged with: Civil Procedure Judge Joseph M. Teefey Jr. Petersburg Circuit Court Virginia Circuit Courts

Even though defendants, for purposes of their plea in bar, have offered to stipulate to all the facts plaintiff has pleaded in the complaint, this is not a basis to deny plaintiff’s request for a jury trial. A jury will ...

Tagged with: Civil Procedure Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Civil Procedure Judge David B. Carson Salem Circuit Court Virginia Circuit Courts

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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