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

Where the city of Norfolk has filed a demurrer and a plea in bar in response to plaintiff’s complaint arising from a building demolition, the demurrer is sustained and plaintiff is granted leave to amend its complaint. Defendant city’s plea ...

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

Where the City of Norfolk has filed a demurrer and a plea in bar in response to plaintiff’s complaint arising from a building demolition, the demurrer is sustain and plaintiff is granted leave to amend its complaint. Defendant city’s plea ...

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

Where the city of Norfolk levies its Business, Professional, and Occupational License tax on an internet provider’s gross income, this violates the federal Internet Tax Freedom Act unless Norfolk’s tax has been grandfathered under the ITFA. The court does not ...

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

Plaintiffs are denied injunctive and mandamus relief in this challenge to executive orders issued in response to the COVID-19 pandemic. Plaintiffs have not demonstrated that they will suffer irreparable harm without an injunction, or that a temporary injunction is in ...

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

Where a contractor sought coverage under a CGL policy when it was sued for not timely completing repairs, the insurer has no duty to defend or indemnify because the suit did not allege an “occurrence” within the policy’s terms. Overview ...

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

Where defendant elected to purchase plaintiff’s shares in lieu of dissolution in this corporate dispute, the court declines to use a revenue determination from defendant’s expert because it is based on unreliable data. The revenue determination from plaintiff’s expert will ...

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

The judges of the Virginia Court of Appeals went in three different directions in analyzing when a document – a signed proof of service – can take the place of live testimony to prove violation of a criminal statute. At ...

Tagged with: Criminal Law Judge Clifford L. Athey Jr. Judge David W. Lannetti Judge Glen A. Huff Judge Robert J. Humphreys Virginia Court of Appeals