A Norfolk Circuit Court will treat plaintiffs’ requests for admission as admitted by defendant, for defendant’s failure to timely respond to plaintiffs’ requests, but plaintiff is not entitled to summary judgment on its fraud and conversion claim, based on defendant’s ...

Tagged with: Civil Procedure Judge Charles E. Poston Norfolk Circuit Court Virginia Circuit Courts

A lawyer who said he was defamed by a draft legal complaint that described him as “an unethical lawyer and a racist” cannot sue for defamation, says a Fairfax Circuit Court. Claims made in a lawsuit generally are protected under ...

Tagged with: Defamation Fairfax County Circuit Court Federal Courts Judge Charles E. Poston Judge Liam O'Grady Judge R. Terrence Ney Norfolk Circuit Court

Plaintiffs who purchased property at foreclosure and hired a contractor who began making repairs, have their claims dismissed by a Norfolk Circuit Court, with leave to amend the complaint against defendant city and city officials who allegedly ordered the immediate ...

Tagged with: Judge Charles E. Poston Municipal Norfolk Circuit Court Virginia Circuit Courts

A carrier’s continued processing of late premium payments for a trucking company’s commercial vehicle liability policy does not estop the carrier from denying coverage for an accident, but the carrier did not strictly comply with statutory provisions for canceling the ...

Tagged with: Insurance Judge Charles E. Poston Norfolk Circuit Court Virginia Circuit Courts

In a dispute over renewal of a pastor’s term of contract for a congregational church, a Norfolk Circuit Court denies summary judgment but says the court may address the issue as a matter not of “faith and doctrine,” but as ...

Tagged with: Contract Judge Charles E. Poston Norfolk Circuit Court Virginia Circuit Courts

A Norfolk Circuit Court overrules a lawyer’s demurrer to a defamation action filed by a sea captain against the lawyer, who gave a reporter a copy of a North Carolina lawsuit and an EEOC complaint filed by a seaman alleging ...

Tagged with: Judge Charles E. Poston Norfolk Circuit Court Tort Virginia Circuit Courts

A Norfolk Circuit Court upholds the Board of Zoning Appeals’ determination that appellant violated Norfolk Zoning Code § 6-1.2, which bars the sale and repair of automobiles in a C-1 limited commercial zone, by selling mopeds from his property. Norfolk ...

Tagged with: Judge Charles E. Poston Land Use & Zoning Norfolk Circuit Court Virginia Circuit Courts

When Virginia courthouses fall into disrepair, judges often find themselves in a tense public struggle with local elected officials over what needs to be done and how to pay for it. The process can erupt into bitter legal fights pitting ...

Tagged with: Appomattox County Circuit Court Judge Charles E. Poston Smyth County Circuit Court

A driver charged with involuntary manslaughter who challenges use of a blood test showing a .13 BAC, taken when he was at the hospital for treatment after the fatal auto accident loses his constitutional challenge to Va. Code § 19.2-187.02, ...

Tagged with: Judge Charles E. Poston Norfolk Circuit Court Traffic Offenses Virginia Circuit Courts

Hospital records showing a driver’s BAC at .13 after a two-fatality automobile accident are admissible under Va. Code § 19.2-187.02, a Norfolk Circuit Court says, notwithstanding a Sixth Amendment Melendez-Diaz challenge to the statute, which allows the test as a ...

Tagged with: Criminal Judge Charles E. Poston Norfolk Circuit Court Virginia Circuit Courts