Tag Archives: Judge David W. Lannetti

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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Agency not required to serve decision on unnamed party (access required)

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 ...

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Va. Cir.: Wrong burial plot purchase caused by mistake, not fraud (access required)

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 ...

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