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Legislature passes bill to standardize courthouse security, phone rules
Virginia legislature passed Senate Bill 83 to standardize courthouse security and electronic device policies, awaiting Gov. Abigail Spanberger's approval.
Landlord and Tenant – Court dismisses tenant’s FHA suit
The edva dismissed kerby stracco’s fair housing act claim against townsquare mark center and bozzuto management for failure to plead plausible facts.
Negligence – Defendants sued for not maintaining apartment fire prevention equipment
The western district of Virginia denied a motion to dismiss negligence per se claims against landlord and property manager for failing to maintain fire prevention equipment.
Landlord and Tenant: Tenant awarded almost $590,000 for damages from moldy apartment
Where the tenant lived with mold or black mold or both in the apartment from 2018, became seriously ill from mold-related maladies in March 2019 and left the apartment with his children only after the ceiling collapsed in August 2019, exposing even more black mold and ruining many of his belongings, and his health problems have persisted, he was awarded almost $590,000 in damages.
Landlord and tenant: Landlord’s suit against Dick’s Sporting Goods is dismissed
Where a commercial landlord failed to plead facts making it plausible that a tenant was in breach of a lease, its suit was dismissed.
Landlord and Tenant: Lease remained valid despite landlord’s violation of statute
Although the landlord failed to provide its tenant with the statement of rights and responsibilities within the time required by Code § 55.1-1204, that did not render the lease invalid. Code § 55.1-1204(H) plainly states that a landlord’s failure to deliver the statement “shall not affect the validity of the agreement.”
Landlord and Tenant: VRLTA allows parties to agree to notice via certified mail
Where a tenant argued her landlord was not allowed to notice via certified mail, this argument failed. The Virginia Residential Landlord and Tenant Act does not prohibit notice via certified mail and the parties’ lease allowed it.
Landlord and tenant: Court resolves dispute over commercial lease addendum
Where a tenant sought a declaration that it remained a tenant under an addendum to a commercial lease, but there was no consideration for the addendum, it was merely an offer that was revoked by the landlord before it was accepted by the tenant.
Landlord and Tenant: Neighbor has right to enter tenant’s property during construction
Where a lease allowed a neighbor to enter the tenant’s property for safety purposes during construction, the trial court did not err in so holding.
Landlord and Tenant: City of Roanoke prevails in dispute with commercial tenant
Where a commercial lease had a definite term of three years and terminated on a precise day, the trial court correctly determined that the landlord was not required to provide […]
Landlord and tenant: Commercial landlord had no duty to mitigate damages
Where a commercial tenant abandoned the rental property, the commercial landlord owed no duty to mitigate damages by reletting the abandoned property. Background Bistro Manila LLC, Vincent Elegido, Romichelle Elegido, […]
Landlord and Tenant: Tenant breached commercial lease termination provision
Where a commercial lease required a 60-day termination notice, but an addendum extended the termination period to 12 months, the tenant breached the lease when it provided notice to terminate […]
Verdicts & Settlements
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
Opinion Digests
- Freedom of Information – Exemption 5 protects draft PTAB written decision
- Fraud – Homeowners’ RICO claim is dismissed
- Criminal – Sex-offender convicted of providing false information
- Evidence – Defendants must respond to post-judgment discovery
- Patent and trademark – Several claims found to be ineligible for patent protection
- Criminal – Evidence supports robbery conviction
- Administrative – Internal Communications Among Patent Judges – Withheld Materials
- Criminal – Denial of continuance wasn’t abuse of discretion
- Criminal – Felony eluding conviction violated Double Jeopardy clause
- Criminal – Defendant was wrongly convicted of two counts of hit-and-run
- Criminal – Sexually-violent predator denied conditional release
- Constitutional – Redistricting effort violated Virginia Constitution
