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Tag Archives: Judge David W. Lannetti

Agency not required to serve decision on unnamed party

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

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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Va. Cir.: Fear of termination not good cause to resign

An employee with a felony record was not discharged when his employer announced that employees would be subject to background checks and let go if they were felons. Rather, he voluntarily terminated his own employment in anticipation of discharge and ...

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Va. Cir.: Gun seen from beyond “path of consent” will be suppressed

While officers had the defendant’s explicit consent to search specific rooms in his house and implied consent to take a path leading to those rooms, his firearm was seen only after an officer deviated from that path. Thus, it exceeded ...

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Bon Mots: June 2018 Edition

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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Woman hurt in fall sued on-call doctor – Defense Verdict

This lawsuit was brought by a patient who presented to the emergency department at Sentara Obici on April 28, 2013, after tripping and falling face first on brick stairs, without anything to brace her fall. A CT Scan was ordered ...

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