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Judge William R Marchant

Apr 16, 2020

Petition signature requirement lowered

Where plaintiff, a Republican candidate in Virginia for the U.S. Senate, alleges that the commonwealth’s guidelines to prevent the spread of COVID-19 are unconstitutional as applied to him because they interfered with his ability to obtain the requisite number of signatures to be placed on the ballot, plaintiff’s emergency motion for preliminary injunctive relief is […]

Nov 20, 2019

Volunteer coaches have sovereign immunity

Volunteer coaches conducting a high school baseball team’s batting practice have sovereign immunity from the simple negligence claims in plaintiffs’ lawsuit. Immunity analysis Code § 2.2-3605 provides sovereign immunity to volunteers to the same extent as paid staff. Whether the volunteer defendants in this case qualify for such immunity is determined under the four-factor test […]

Aug 12, 2019

Boat slip rental did not create bailment

Where plaintiff claims defendant marina’s actions caused his boat to sink during a winter storm, the parties’ boat slip lease did not create a bailment, so plaintiff’s cause of action is limited to a claim for breach of contract. His bailment-based claims are dismissed. Facts Defendant rented a boat slip to plaintiff. Plaintiff’s boat sank […]

Aug 17, 2018

Va. Cir.: Bond company under investigation must produce client information

A bond company under state investigation for consumer-protection violations has no basis to demand a confidentiality agreement before turning over its client information to the Commonwealth. Although the company said some disclosures might reveal clients’ immigration information and other personal information to federal officials, no legal basis existed to support a confidentiality requirement. [...]

May 24, 2017

Fired Association Exec Claims Defamation

In plaintiff’s suit challenging his termination, the Richmond Circuit Court overrules defendant Virginia Automobile Dealers Association’s demurrers to plaintiff’s claim for defamation and for actual fraud, but sustains the demurrers to his claim for fraud in the inducement and for breach of contract. Fraud claims Plaintiff specifically alleged that defendant Hall’s statements were “fals[...]

Nov 21, 2016

Woman stopped treatment for blood disease – Defense Verdict

Plaintiff, 55, suffered from amyloidosis with renal involvement, a rare blood dis­ease for which no cure exists. She under­went chemotherapy and a successful stem cell transplant in April 2012. On June 17, 2012, the patient was re-admitted with fe­ver of unknown origin and other non-spe­cific symptoms. During her readmission, the patient was seen by multiple […]

Apr 28, 2016

Supreme Court to consider redistricting ‘contempt’

The Supreme Court of Virginia has agreed to take up a lower court’s ruling that state legislators were in contempt of court for failing to disclose emails related to the 2011 remapping of the state’s Sen­ate districts. The court on Wednesday granted a joint request from the parties to bypass the Court of Appeals of […]

Feb 16, 2016

No Stay for State Redistricting Challenge

A Richmond Circuit Court denies a motion to stay proceedings in this Virginia constitutional challenge to a state legislative redistricting plan, as the federal constitutional challenge to the plan pending in federal district court does not involve the same parties or legislative districts; the court also denies motions to quash subpoenas duces tecum, holding that […]

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