Where the decedent’s will created a trust, and the designated trustee predeceased the decedent, the income from the residuary estate goes to the trust beneficiaries, a group of charities, and not to the decedent’s blood relatives, who were “explicitly and ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts Wills & Trusts

Where plaintiff seeks additur or a new trial on damages after the jury awarded him nothing for future pain and suffering despite awarding him $500,000 for past lost earnings, future lost earning and past pain and suffering, the motion is ...

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

Where the Virginia Housing Development Authority obtained a district court detainer order that granted it possession of a house plaintiff was living in, plaintiff has pleaded insufficient facts to show the order was obtained by extrinsic fraud. The VHDA’s plea ...

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

Plaintiff, an injured seaman, is entitled to maintenance payments – compensation for food and lodging – even though his employer did not provide room and board as part of his employment. As a result, the employer is not entitled to ...

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

In this ongoing litigation involving claims arising from a foreclosure sale of plaintiff’s home, the court denies his motion for leave to amend the eighth version of his complaint and grants a related motion to strike filed by the Virginia ...

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

Plaintiffs lack the necessary property interest to raise constitutional and inverse condemnation claims arising from the city-ordered demolition of a fire-damaged building in a historical district. Background In 2015, Sinesi bought the Grandy House, which was built in 1901 and ...

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

On remand from the Virginia Supreme Court for application of federal maritime law, the court finds that defendant is entitled to federal sovereign immunity, and, as a result, the gross negligence claims against him must be dismissed. Background Pridemore was ...

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

Where the Virginia Housing Development Authority was awarded possession of plaintiff’s property in a district court unlawful detainer action, the doctrines of collateral estoppel and res judicata do not bar plaintiff’s claim that the title is defective. The demurrers as ...

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

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 ...

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

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 ...

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