An employee with a felony record was not discharged when his employer announced that employees would be subject to background checks and let go if they were felons. Rather, he voluntarily terminated his own employment in anticipation of discharge and ...

Tagged with: Employment Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts Workers' Compensation

While officers had the defendant’s explicit consent to search specific rooms in his house and implied consent to take a path leading to those rooms, his firearm was seen only after an officer deviated from that path. Thus, it exceeded ...

Tagged with: Constitutional Judge David W. Lannetti Norfolk Circuit Court Search & Seizure Virginia Circuit Courts

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge Albert Diaz Judge David A. Oblon Judge David W. Lannetti Judge Everett A. Martin Jr. Judge T.S. Ellis III

This lawsuit was brought by a patient who presented to the emergency department at Sentara Obici on April 28, 2013, after tripping and falling face first on brick stairs, without anything to brace her fall. A CT Scan was ordered ...

Tagged with: Judge David W. Lannetti Medical Malpractice Million-Dollar Defense Verdicts Norfolk Circuit Court

Officers’ recollection that a strong marijuana odor emanated from a vehicle wasn’t consistent with video of their search: The car doors were closed, the marijuana discovered was raw and enclosed, and the officers never mentioned the odor before the search. ...

Tagged with: Constitutional Criminal Judge David W. Lannetti Norfolk Circuit Court Search & Seizure Virginia Circuit Courts

The defendant’s conviction for possession of a weapon by a violent felon did not violate his rights under the Double Jeopardy Clause, notwithstanding his previous acquittal by jury of the separate offenses of use of a firearm in the commission ...

Tagged with: Constitutional Criminal Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

Because a wife executed a property settlement agreement with her husband after deliberate negotiations, with assistance from a mediator and a Navy JAG officer, and without relying on any misrepresentations, her waiver of any share in her husband’s pension was ...

Tagged with: Domestic Relations Family Law Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

A father who had little involvement in his child’s life either before or during his incarceration had not taken any steps necessary to maintain residual parental rights to his 12-year-old son. His decision to remain in solitary confinement while incarcerated ...

Tagged with: Domestic Relations Family Law Judge David W. Lannetti Norfolk Circuit Court Parental Rights Virginia Circuit Courts

Concluding that its first-impression immunity rulings would likely lead to an appeal of any trial result, the court stayed proceedings in a negligence action pending interlocutory appeals requested by both parties. Background In January 2014, the City of Norfolk contracted ...

Tagged with: Civil Procedure Judge David W. Lannetti Negligence Norfolk Circuit Court Personal Injury Tort Virginia Circuit Courts

A Virginia circuit court upheld administrative findings that an employee who was fired for yelling profanities at a coworker had committed “misconduct” that disqualified her from receiving unemployment. Background Plaintiff Yolanda A. Bellamy was employed as an environmental service worker ...

Tagged with: Administrative Employment Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts