Please ensure Javascript is enabled for purposes of website accessibility

Judge Robert P. Doherty Jr.

Dec 28, 2010

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 […]

Dec 3, 2010

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. […]

Nov 19, 2010

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, […]

Oct 29, 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 […]

Sep 1, 2010

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 […]

Sep 1, 2010

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 […]

Jul 30, 2010

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 […]

Jun 28, 2010

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 […]

Jun 25, 2010

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 […]

May 28, 2010

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 […]

Mar 15, 2010

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 […]

Mar 15, 2010

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

See All Verdicts & Settlements

Opinion Digests

See All Digests