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Tag Archives: Judge David W. Lannetti

Termination claim relied on inapplicable regulations (access required)

A private health care provider’s demurrer to a public-policy wrongful termination claim is granted because the administrative regulations plaintiff relies upon apply only to state-operated facilities. Background Plaintiff Tomes was a regional manager for defendant Encompass, a licensed home healthcare ...

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Actual fraud claim survives demurrer (access required)

Where defendant did not reconvey property to plaintiff as agreed, plaintiff’s allegation that defendant never intended to do so sufficiently states a claim for actual fraud but not constructive fraud. Facts Plaintiff Gutterman purchased residential real estate for $93,500 without ...

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Speedy trial delay excused based on attorney’s proffer (access required)

Where a judge granted a continuance because a material witness’s medical condition prevented him from attending trial, proof of the condition is not required to excuse the delay for speedy trial purposes. A proffer from the commonwealth’s attorney that the ...

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Any error regarding autopsy report’s admission was harmless (access required)

Even assuming without deciding that an autopsy report was testimonial and that defendant had a right to confront the report’s author at the preliminary examination, any error caused by the author’s absence was harmless. The author of a forensic pediatric ...

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Rescission is available remedy to wrongful foreclosure claim (access required)

Where the Virginia Housing Development Authority bought plaintiff’s home at a foreclosure sale, he has stated a rescission claim by alleging the VHDA knew or should have known of an alleged deed of trust violation when it bought the home. ...

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In-court ID not tainted by suppressed at-scene ID (access required)

Even though the court has suppressed a victim’s identification of defendant at the crime scene, the victim’s subsequent in-court identification had an independent basis and is admissible. Further, there was probable cause to arrest defendant even without the show-up identification. ...

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Mediation was condition precedent for contract suit (access required)

Where the parties’ real estate purchase agreement provided that disputes must first be mediated, and that traditional litigation could commence if mediation was unsuccessful, plaintiffs’ suit on the contract must be dismissed because mediation never took place. This is so ...

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Economic loss doctrine no bar to caregiver’s injury claim (access required)

The economic loss doctrine does nor bar a contractual caregiver’s personal injury claim arising from a patient’s attack where the complaint alleges the patient’s wife, who hired the caregiver, did not warn her of her husband’s behavioral issues. Background Rosa ...

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