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Tag Archives: Judge David W. Lannetti

Executive Order survives constitutional challenge

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. ...

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Internet provider liable for city’s business tax assessment

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 ...

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Railroad’s inconvenient forum motion denied

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 ...

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Alleged abuse of daughters not grounds for cruelty

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 ...

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Nuisance claim for missing stop sign goes forward

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 ...

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Burden of proof assigned in internet tax case

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 ...

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Venue transfer denied in med-mal case

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 ...

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Lemon Law claim was timely filed

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 ...

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Agreement to distribute sale proceeds upheld

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 ...

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