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 ...

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

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 ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David W. Lannetti Virginia Circuit Courts

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 ...

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

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 ...

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

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 ...

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

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 ...

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

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 ...

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

Where plaintiff seeks recission of the foreclosure sale of his real property, defendants’ summary judgment motion, based on plaintiff’s alleged first material breach of the loan contract, is denied. There is a material dispute whether plaintiff was aware of a ...

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

An incarcerated husband remains liable for his spousal support obligation but is not in contempt of court for failing to pay as ordered in the final divorce decree. The court finds that husband’s spousal support arrearage is $489,239. Judgment is ...

Tagged with: Domestic Relations Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where plaintiff asked defendant, a heating and cooling company, to come to her residence and some weeks later entered into a home repair contract, this was not a “home solicitation sale” under the Virginia Home Solicitation Sales Act. Overview Theuer ...

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