A Norfolk lawyer is out more than $23,000 on his fee for a lengthy, complicated and emotion-wracked court-appointed case because the state ran out of money as his bill came up for payment at the end of the fiscal year. ...

Tagged with: Attorneys Fees Judge Everett A. Martin Jr. Norfolk Circuit Court

In 2006, the plaintiff, a 40-year-old female with a family history of breast cancer, was diagnosed positive for carrying the BRCA-II breast cancer gene. She elected to have prophylactic bilateral mastectomies and two-stage breast reconstruction with implants. She also desired ...

Tagged with: Judge Everett A. Martin Jr. Medical Malpractice Million-Dollar Defense Verdicts Norfolk Circuit Court

Applying the one-year limitation under Va. Code § 8.01-654(A)(2) to petitioner’s habeas petition alleging belated discovery of a failure to disclose exculpatory evidence does not violate the Suspension Clause of the Virginia Constitution, and the Norfolk Circuit Court dismisses the ...

Tagged with: Criminal Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

A Norfolk Circuit Court grants the commonwealth’s motion to dismiss a habeas petition seeking to vacate defendant’s second degree murder conviction and revocation of his probation, based on a recently discovered alleged Brady violation. Petitioner alleges the commonwealth had a ...

Tagged with: Criminal Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

A business auto liability policy at issue was a “renewal” and not a “new” policy, and the Norfolk Circuit Court rejects plaintiff’s claim that he had additional UIM coverage. Plaintiff has filed this declaratory judgment action seeking a determination that ...

Tagged with: Insurance Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

Plaintiff, age 71, began seeing defendant urologist in June 2008. The doctor identified a 6mm kidney stone and told the plaintiff it would pass. The following month the plaintiff went to the emergency room with renal colic, as the stone ...

Tagged with: Judge Everett A. Martin Jr. Medical Malpractice Million-Dollar Verdicts Norfolk Circuit Court

A homeowner who won a default judgment against a contractor who accepted $35,000 to build an addition to her house only to have him dig a trench, pour footings and then abandon the job, wins reconsideration of her claim by ...

Tagged with: Administrative Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

A Norfolk Circuit Court vacates a default judgment entered against defendant on a contract claim, as plaintiff failed to effect personal service at the Norfolk address where defendant has lived since 1990 and constructive service on defendant was defective because ...

Tagged with: Civil Procedure Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

Although the failure to conduct or arrange for a face-to-face meeting may have been a sufficient basis to stop foreclosure sale of plaintiff’s property, or to impose a regulatory sanction or a nominal damages award, it is not a sufficient ...

Tagged with: Judge Everett A. Martin Jr. Norfolk Circuit Court Real Estate Virginia Circuit Courts

The Norfolk Circuit Court denies plaintiff agency’s motion for leave to file a second amended complaint, in this case attempting to recoup monies paid to a former public employee. Plaintiff’s motion states it learned on Nov. 2, 2011, that a ...

Tagged with: Civil Procedure Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts