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. ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Real Property Virginia Circuit Courts

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. ...

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

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 ...

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

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 ...

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

Where police saw defendant in a high-crime area and noticed a bulge under his jacket, they were justified in performing a Terry stop-and-frisk after he refused to remove his hands from his pockets. A firearm found during the search is ...

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

A temporary injunction to block demolition of an arson-damaged house in a historic district is denied. Although irreparable injury will occur because the structure cannot be replaced if demolished, the risk of public harm caused by the house’s dilapidated condition ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Real Estate Virginia Court of Appeals

A judge will allow a defamation claim to go forward against a Norfolk hospital that allegedly referred a mistaken bill to a collection agency. The plaintiff claimed the referral led to bad credit reports against her. The unusual facts produced ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court

A woman who received a bill from a hospital, even though she was not a patient, can sue the hospital for defamation after it referred the erroneous bill to a debt collector. Background In August 2015, Children’s Hospital of the ...

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

The court lacks jurisdiction to consider this administrative appeal. The City of Norfolk, the petitioner, was not a named party in the agency’s adjudication and submitted no public comments. Thus, it was not entitled to service of the final decision ...

Tagged with: Civil Procedure Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

Although the Virginia Consumer Protection Act covers interment rights, a plaintiff suing a cemetery owner failed to offer evidence of the misrepresentation needed to prove her claim. She said she asked for plots right next to her parents’ plots, but ...

Tagged with: Consumer Protection Contract Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts