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Tag Archives: Judge Richard E. Gardiner

Rules do not allow ‘plea of the general issue’ (access required)

Plaintiff’s motion to strike defendants’ pleas in bar is granted because defendants have actually filed pleas of the general issues, which are not allowed under Va. Sup. Ct. Rule 3:8(a). Overview Plaintiff has sued defendants for conversion, violation of the ...

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Third-party claims dismissed with prejudice (access required)

Where a municipality sought contribution and equitable indemnification from an excavating company that performed work two years earlier in the area where plaintiff was injured when she fell into a depression in the ground, the excavating company’s demurrer is sustained ...

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Virginia comp bar won’t apply to Maryland employees (access required)

The Virginia statute that blocks tort recovery against a fellow employee for on-the-job injuries doesn’t apply when those injuries were covered by Maryland, not Virginia, workers’ comp law, a circuit judge has ruled. The Nov. 13 decision by Fairfax Circuit ...

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Maryland workers’ comp award no bar to personal injury suit (access required)

Plaintiff may sue for personal injuries arising from an automobile accident in Virginia even though he was awarded workers’ compensation benefits in Maryland. Background Plaintiff and defendant Edwards are both Maryland residents and work for the same Maryland employer. Edwards ...

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City charter signature provisions are valid (access required)

Where COVID-19 emergency orders hampered plaintiffs’ efforts to collect signatures on a petition to have the city of Norfolk adopt a “2nd Amendment Preservation” ordinance, the signature requirements in Norfolk’s city charter are not unconstitutional as applied to plaintiffs. Further, ...

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Temporary injunction to bar foreclosure denied (access required)

Where defendant has moved for a temporary injunction to bar plaintiff’s foreclosure action, the motion is denied. Defendant is not likely to succeed on the merits because the action was timely filed. Background Defendant Thoburn Limited Partnership, by a deed ...

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Medical group can sue insurer for unpaid bill (access required)

Where the court has previously ruled that a healthcare provider has a private right of action under a statute that requires medical insurers to pay for emergency care without prior authorization regardless of whether the provided emergency services are in-network ...

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Relief laws no defense to confessed judgment (access required)

Provisions of the federal Servicemembers Civil Relief Act (SCRA) provide no defense to a confessed judgment entered against defendant while he was on active military duty. Background Slonopas Real Estate executed a deed of trust and a promissory note payable ...

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