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

A man stabbed at a Norfolk bar can sue the bar owner for negligence based on claims that the bar staff ignored several instances of aggressive behavior by the attacker. Norfolk Circuit Judge Everett A. Martin Jr. rejected a bid ...

Tagged with: Judge Everett A. Martin Jr. Negligence Norfolk Circuit Court Personal Injury

A Norfolk city agency cannot collect contract damages against the supervisor of a “no-show” employee for the money the agency paid the absent employee, a Norfolk Circuit Court says. The court overrules defendant’s demurrer on three grounds: that the contract ...

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

The commonwealth did not violate an incarcerated defendant’s Miranda rights when a probation officer sent defendant a presentence report form that asked him to describe the crime in detail, and used his response to charge him with another crime; a ...

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

The Norfolk Community Services Board may bring a claim of unjust enrichment against a former employee who continued to collect pay and benefits for 12 years after her suspension, but it may only seek recovery for pay dating from 2008, ...

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

A Norfolk Circuit Court says a prospective buyer who entered a Fannie-Mae-owned home and was seriously injured when he walked down unlit basement stairs that were missing multiple steps at the bottom, can sue Fannie Mae, but not the realty ...

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

Although defendant restaurant owner says plaintiff, who alleges he cracked a porcelain crown while eating at defendant’s restaurant, will wind up with better teeth than he had before the incident, a Norfolk Circuit Court says that’s not a reason to ...

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

A Norfolk Circuit Court dismisses as “vexatious” a suit filed by an unhappy husband who seeks to set aside a divorce and requests additional remedies against a host of defendants, and awards attorney’s fees to plaintiff’s ex-wife and additional defendants. ...

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