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Tag Archives: Judge David W. Lannetti

“John Doe” pleading appropriate pending discovery (access required)

On Plaintiff Kevin S. Johnson’s motion to compel discovery, Defendant Sentara Norfolk General Hospital objected to the disclosure of the name and last known address of Defendant John Doe, on grounds that such information constituted individually identifiable health information protected ...

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Benefits Claimant Presented No Evidence Mitigating Misconduct (access required)

The court denied Plaintiff Gifford Whitehurst’s petition for judicial review of a decision by the Virginia Unemployment Commission that he was disqualified from receiving unemployment compensation. Whitehurst worked at the Chrysler Museum as a security officer. The Museum’s HR manager ...

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Nonparent Seeking Custody Must Show Harm to Child if Not Granted (access required)

R.H., a 9-year-old girl, had lived her entire life with her mother and maternal grandmother, in her grandmother’s spacious home. R.H. was in good health and well-adjusted, with no developmental delays. R.H.’s father, who currently lives in a one-bedroom home ...

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Motion for Default Judgment – Filing of a Late Answer – Good Cause (access required)

Henson v. DDG II, Inc. (VLW No. 017-8-107, 10pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17007123-00. Holding: Where the defendant-owner filed a notice of hearing the day before a scheduled default judgment hearing but failed to file a related motion ...

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Freedom of Information Act – Affidavit of Good Cause – Violations – Declaratory Relief – Recovery of Costs (access required)

Hurst v. City of Norfolk (VLW No. 017-8-108, 17pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17-11119. Holding: Where the plaintiff-petitioner failed to submit an affidavit of good cause supporting his petition for relief regarding his two requests under the Freedom ...

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Jurisdiction – Waiver of Sovereign Immunity – Court-Issued Process (access required)

McGhee v. Virginia Department of Motor Vehicles (VLW No. 017-8-109, 7pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17-5454. Holding: Where the plaintiff-uninsured filed a petition appealing a defendant-department of motor vehicle (DMV) hearing officer’s decision and requested formal service on ...

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Will – Interpretation of Provision (access required)

Midgett v. O’Brien (VLW No. 017-8-110, 9pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17-4956. Holding: Where the plaintiff-son and defendant-daughter dispute the terms of their mother’s will regarding a provision allowing the son to purchase his sisters’ shares of a ...

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Dismissal Based on Sovereign Immunity – Third-Party Claim Not Derivative (access required)

Glover v. Hryniewich and the City of Norfolk, Virginia v. Willard Marine, Inc. and SAFE Boats International, LLC (VLW No. 017-8-090, 7 pp.) (Lannetti, J.) CL16-3262-00/01/02/03 Holding: Where the complaint against defendant and third-party plaintiff-city was dismissed based on immunity ...

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