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Tag Archives: Judge Everett A. Martin Jr.

Defendant led plaintiff to believe no expert needed (access required)

The court held that while an expert should have been required to admit certain physical therapy records about plaintiff’s injuries, the defendant’s response to the plaintiff’s requests for admission reasonably led her to believe no expert was required. Background This ...

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Judgment final as to co-defendant who didn’t appeal (access required)

One of two defendants appealing a $24,000 judgment against them cannot add the other defendant to the appeal. General district court judgments are final as to parties who note no appeal. Background In 2016, Denise Johnson rear-ended Defendant Milford Smith, ...

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Va. Cir.: Judgment final as to co-defendant who didn’t appeal (access required)

One of two defendants appealing a $24,000 judgment against them cannot add the other defendant to the appeal. General district court judgments are final as to parties who note no appeal. Background In 2016, Denise Johnson rear-ended Defendant Milford Smith, ...

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Bon Mots: June 2018 Edition (access required)

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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Va. Cir.: Neighboring business was not entity’s registered agent (access required)

This court granted judgment by default against all three Defendants for $85,851, attorney’s fees, and costs. After the Plaintiffs attempted to execute the judgment several times, the Defendants moved to set aside the default judgment on four grounds. The court ...

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Va. Circuit Courts: GDC limit no bar to high ad damnum (access required)

A personal-injury plaintiff could claim $200,000 in ad damnum even though the circuit court was exercising only its appellate jurisdiction. The court acknowledged contrary precedent from the Supreme Court of Virginia, but sought to avoid retrial in the event of ...

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