Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: Judge David W. Lannetti

Evidence obtained after traffic stop is admissible (access required)

Where police investigators stopped defendant after he disobeyed a stop sign, issued him a warning instead of a ticket, and defendant then admitted he had marijuana in the vehicle in response to one of the investigator’s question, defendant’s motion to ...

Read More »

Executive Order survives constitutional challenge (access required)

Where a restaurant and its corporate officer have challenged Executive Order 72, which placed COVID-19-related limitations on alcohol sales and patron capacity at food and beverage establishments, the portions  of Virginia law under which the order was issued are constitutional. ...

Read More »

Internet provider liable for city’s business tax assessment (access required)

An internet service provider must pay a city’s business tax assessments because the city began collecting the tax before the effective date of a federal law that bars taxation of internet service access revenues. Background This case involves the interplay ...

Read More »

Railroad’s inconvenient forum motion denied (access required)

Where defendant railroad company has moved to dismiss plaintiff’s injury claim brought under the Federal Employers’ Liability Act based on an inconvenient forum, the motion is denied. Defendant has not established “substantial inconvenience” to the likely witnesses at trial. Background ...

Read More »

Alleged abuse of daughters not grounds for cruelty (access required)

Where wife has counterclaimed for a divorce on grounds of cruelty, her allegations that husband sexually abused the parties’ daughters when they were minors, and the effect this had on wife, “do not constitute cruelty for purposes of divorce under ...

Read More »

Nuisance claim for missing stop sign goes forward (access required)

Where plaintiff alleges that a city created a public nuisance by not replacing a missing stop sign at the intersection where another driver collided with her car, the city’s demurrer is overruled. However, the city’s special plea of sovereign immunity ...

Read More »

Burden of proof assigned in internet tax case (access required)

Where an internet provider challenges the Virginia Tax Commissioner’s ruling that the city of Norfolk’s business tax can be levied on gross receipts from internet access services under the grandfather clause in a federal law that bans such taxation, the ...

Read More »

Venue transfer denied in med-mal case (access required)

Even though plaintiff executor sued defendant care provider in Norfolk County despite the fact that plaintiff’s decedent was treated in defendant’s Sussex County facility, defendants’ motion to transfer venue is denied. Overview Medical Facilities of America, the lead defendant in ...

Read More »

Lemon Law claim was timely filed (access required)

Plaintiffs’ post-arbitration communications with defendant’s agent extended the statute of limitations on their Lemon Law claim. Overview After plaintiffs claimed their new Jeep manufactured by FCA had many problems, plaintiff Randel submitted a Customer Arbitration Process Application as part of an ...

Read More »

Agreement to distribute sale proceeds upheld (access required)

In this interpleader action, even though there was a mutual mistake of fact regarding a settlement to distribute the proceeds of a property sale, respondents, who seek to reform the distribution agreement, are equitably estopped from doing so. Overview Gerald ...

Read More »