Free Newsletter
“Deplorable” conditions not intentional damage
Most of a tenant couple’s debt to their former landlord, based on unpaid rent and the poor conditions in which they left the rental, was dischargeable. The court held a small percentage to be non-dischargeable based on evidence that, in one instance, the tenant knew his actions would damage the property. Background In August 2013, […]
“Deplorable” conditions not intentional damage
Most of a tenant couple’s debt to their former landlord, based on unpaid rent and the poor conditions in which they left the rental, was dischargeable. The court held a small percentage to be non-dischargeable based on evidence that, in one instance, the tenant knew his actions would damage the property. Background In August 2013, […]
SCV: Post-judgment appearance didn’t waive jurisdiction challenge
After a landlord obtained a default judgment against a commercial tenant for unpaid rent, the circuit court erred in finding that the guarantor waived any objection to the validity of the default judgment by entering a general appearance during post-judgment enforcement proceedings. Background Landlord Brooks & Co. General Contractors Inc. leased office and warehouse space […]
SCV: Mold statute doesn’t foreclose common law claims
Tenants alleging black mold in their walls and mushrooms growing in their carpet weren’t confined to the rights in Code § 8.01-226.12 Background Tenants sued their landlord and a real estate management company, alleging that the apartment they rented exposed them to excessive moisture and mold and that they suffered resulting injuries. According to their complaint, […]
SCV: 15-year lease without seal was unenforceable
A long-term commercial lease with neither a common-law seal nor statutory seal substitutes was effectively month-to-month after a five-year term, and the trial court erred in focusing on “substance not form” to enforce the 15-year term. Background In 2000, a real-estate partnership leased commercial space to Nicol Inc., with monthly payments under a 15-year lease. […]
SCV: Mold statute doesn’t foreclose common law claims
Tenants alleging black mold in their walls and mushrooms growing in their carpet weren’t confined to the rights in Code § 8.01-226.12 Background Tenants sued their landlord and a real estate management company, alleging that the apartment they rented exposed them to excessive moisture and mold and that they suffered resulting injuries. According to their complaint, […]
SCV: Record not sufficient to prove res judicata
Notwithstanding a “Final Order” denying nonsuit and ordering removal of the case from the court’s docket, a defendant failed to provide hearing transcripts or any other basis to conclude that the circuit court previously made a final ruling on the merits. Background In 2008, Appellee Kyus filed a complaint against Appellant D&MRE, alleging that they […]
SCV: Appellate claims can’t “piggy-back” on others’ notice
The circuit court, on appeal from a GDC case, lacked jurisdiction on plaintiff’s appeal to also consider the defendant’s counterclaim, let alone award damages, when the plaintiff was the only party that noticed its appeal. Background This case began in the general district court when Plaintiff The Robert and Bertha Robinson Family LLC (the landlord) […]
Judge derails ‘Vienna Metro’ fee standard for lease case
Rejecting the touchstone Vienna Metro attorney fee matrix widely used in Northern Virginia fee-shifting cases, U.S. District Judge T.S. Ellis III cut a fee request by one third for what he described as a “straightforward lease dispute.” The decision came in Route Triple Seven LP v. Total Hockey Inc. (VLW 015-3-448). The case was in […]
Judge rejects arbitration in nursing home death case
A state law governing landlord-tenant relations blocked enforcement of a nursing home arbitration clause under a judge’s ruling in a Richmond wrongful death case. That ruling by Richmond Circuit Judge Margaret P. Spencer will stand for the time being, now that the nursing home owner has withdrawn its pre-trial appeal of the decision. The nursing […]
Landlord Notice Passed Muster
A tenant’s assertion that landlord failed to comply with Va. Code § 55-248.15:1 by itemizing alleged damages and repair costs resulting in non-refund of a security deposit does not relieve the tenant of paying her last month’s rent under the lease; the Norfolk Circuit Court overrules the tenant’s motion to strike and holds tenant liable […]
Tenant must pay for stolen HVAC piping
When thieves stole the copper piping out of four HVAC units for a warehouse in Bluefield in 2012, they probably had no idea they would set in motion a complicated lease dispute that landed in federal court. The thieves never were caught, but the landlord and the tenant company spent the past year in litigation, […]
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
