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Tag Archives: Judge Everett A. Martin Jr.

Demurrers to emotional distress claims sustained (access required)

Plaintiff’s lack of specificity in pleading her emotional distress claims requires the court to sustain defendant’s demurrers but she will have leave to file an amended complaint. Plaintiff’s allegation of sexual battery does not relieve her of “the obligation to ...

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Malicious prosecution damages reduced (access required)

A Virginia state court has substantially reduced a jury’s award of $95,000 in compensatory damages and $105,000 in punitive damages in a malicious prosecution case. Although the plaintiff suffered greatly and incurred almost $100,000 in medical bills, Judge Everett A. ...

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Mechanic’s lien without suit is not abuse of process (access required)

The filing of a mechanic’s lien, without an accompanying enforcement action, does not give rise to a claim for abuse of process because no judicial authority is involved. Defendants’ demurrer to this claim is sustained. Overview The “narrow issue” in ...

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Comments about lawyer’s advice lacked defamatory sting (access required)

Defendant’s statements to the press about plaintiff’s legal advice to the Portsmouth City Council lacked the necessary sting to support his defamation suit. Background Plaintiff is Portsmouth’s former city attorney. Defendant is the former mayor. Plaintiff’s complaint alleges that after ...

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Liability for arbitration attorney’s fee clarified (access required)

Where an arbitrator awarded petitioner an attorney’s fee as a sanction for respondent’s failure to comply with discovery, respondent’s substitute counsel is liable for the sanction. Background The action before the court is a review of an arbitrator’s order requiring ...

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Bar not liable for patron’s injuries outside the building (access required)

Where plaintiff’s decedent was ejected from defendant bar and beaten outside of the building, the bar is not liable for the injuries. Background According to the allegations in plaintiff’s complaint, plaintiff’s decedent was a patron of a bar called The ...

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