Free Newsletter
Domestic Relations – Appeals – Mandate – Child Support Order
The appellate court remanded this divorce case in 2008 solely for a recalculation of child support; a Roanoke City Circuit Court says the parties were not entitled to reopen the whole divorce case, and orders unrelated to the child support issue are void, except for a recusal order and a de novo custody appeal improperly […]
Administrative – ABC Violation – Beer License – Underage Sales
A Roanoke County Circuit Court says a restaurant owner cannot overturn the suspension of his license for ABC violations that included selling two bottles of beer to a 17-year-old, with his claim that the bartender made a mistake about the customer’s age, money was not exchanged and the minor never took possession of the beer. […]
Civil Procedure – Amended Complaints – Nuisance Claims
Saying “it’s difficult to conceive why a lawyer would so blatantly disregard the court’s clear order,” a Roanoke County Circuit Court dismisses a third amended complaint filed by plaintiff, which merely restates the same theories of nuisance plaintiff earlier stated and attempts to reargue the court’s decision to sustain defendant’s demurrers. On June 14, 2010, […]
Domestic Relations – Divorce – Marital Home – Purchase Option
Where the marital home is the family house wife grew up in, and she attempted to buy the home before she married husband, she shall have the first opportunity to purchase the marital home for herself, says a Salem Circuit Court. Although husband claimed wife committed adultery, and the parties’ tenant claimed to have had […]
Domestic Relations – Equitable Distribution – Foreclosure
A husband and wife who lost the marital home to foreclosure in February 2010 and who appear to have abandoned a time-share in a Florida condominium have no real estate assets for division in equitable distribution, but the Roanoke County Circuit Court will make a property division of the parties’ vehicles and reserve wife’s right […]
Unemployment Comp – Medical Receptionist – Insubordination – Patient Departures
A medical receptionist whose insubordination and discourteous conduct caused at least three patients of the medical practice to take their business elsewhere is not entitled to unemployment compensation because he was discharged due to misconduct, in this Roanoke County Circuit Court case. Employer’s testimony was that petitioner, in spite of repeated verbal counseling by his […]
Domestic Relations – Equitable Distribution – Carpet-Cleaning Business
A couple had a long history of working long hours to build up their carpet-cleaning business without ever maintaining separate business and personal accounts, and a Salem Circuit Court divides their marital property, with an additional monetary award to compensate wife for husband’s use of marital assets to buy and build up his separate floor-refurbishing […]
Domestic Relations – Equitable Distribution – Wife’s School Loans – Marital Debt
A couple decided wife would become qualified as a teacher to provide stable employment and a retirement benefit for the well-being of the family, and a Roanoke County Circuit Court says over $9,000 of wife’s $12,000 in school loans is marital debt to be shared by the parties. Due to husband’s attacks on wife and […]
Domestic Relations – Spousal Support – Marital Debt
A Roanoke County Circuit Court says a couple divorcing after 17 years of marriage, with no children but extensive debt, will divide the debt remaining after they sold the marital home at a loss, and wife, who earns $44,500 per year as a social worker, must pay husband, who is on kidney dialysis and disabled […]
Employment Public – Sheriff Contest – Deputy’s Dismissal
A deputy who alleges he was terminated after he ran unsuccessfully against the incumbent sheriff cannot grieve that termination decision, and the Roanoke City Circuit Court upholds the city manager’s decision that the alleged termination was not grievable. Petitioner’s appointment as deputy ended, by operation of law, on Dec. 31, 2009. He was not terminated […]
Municipal – Playground Equipment – Warranty Claims
A Salem Circuit Court grants the city’s demurrer to plaintiff’s negligence and warranty claims based on plaintiff’s allegations of injury from the city’s purchase and installation of defective playground equipment in a public city park. The city demurrer claims immunity pursuant to Va. Code § 15.2-2809, which limits the liability of a city or town […]
Traffic Offenses – Eluding Officer – Double Jeopardy – Continuing Offense
A defendant who sped through Roanoke County and Salem City to get away from police cannot be charged in both jurisdictions with felony eluding police; because he was acquitted of the charge in Roanoke County, the charge in Salem likewise must be dismissed, according to the Salem Circuit Court. Defendant was arrested after police located […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
