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Tag Archives: Norfolk Circuit Court

Neighboring business was not entity’s registered agent (access required)

This court granted judgment by default against all three Defendants for $85,851, attorney’s fees, and costs. After the Plaintiffs attempted to execute the judgment several times, the Defendants moved to set aside the default judgment on four grounds. The court ...

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Doctor’s reconstruction surgery didn’t cause later complications – Defense Verdict (access required)

At age 3, plaintiff had a facial tumor removed from the right side of his face. As a result, the growth centers of his face were altered resulting in the right side being smaller. He had numerous surgeries over the ...

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Va. Cir.: Firearms charges were distinct, not double jeopardy (access required)

The defendant’s conviction for possession of a weapon by a violent felon did not violate his rights under the Double Jeopardy Clause, notwithstanding his previous acquittal by jury of the separate offenses of use of a firearm in the commission ...

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Va. Cir.: Court reconsiders $1.8M liability holding (access required)

Deciding that its prior contract interpretation had relied on a definition provided by an inapplicable article of the agreement, the court reconsidered its ruling granting partial summary judgment as to the plaintiff’s substantial breach-of-contract claim. Background In December 2007, Meritage ...

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Va. Cir.: Marital agreement not procured by fraud (access required)

Because a wife executed a property settlement agreement with her husband after deliberate negotiations, with assistance from a mediator and a Navy JAG officer, and without relying on any misrepresentations, her waiver of any share in her husband’s pension was ...

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Va. Cir.: TPR in foster child’s best interest (access required)

A father who had little involvement in his child’s life either before or during his incarceration had not taken any steps necessary to maintain residual parental rights to his 12-year-old son. His decision to remain in solitary confinement while incarcerated ...

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Va. Cir.: Interlocutory appeal on immunity issues certified (access required)

Concluding that its first-impression immunity rulings would likely lead to an appeal of any trial result, the court stayed proceedings in a negligence action pending interlocutory appeals requested by both parties. Background In January 2014, the City of Norfolk contracted ...

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Va. Cir.: GDC limit no bar to high ad damnum (access required)

A personal-injury plaintiff could claim $200,000 in ad damnum even though the circuit court was exercising only its appellate jurisdiction. The court acknowledged contrary precedent from the Supreme Court of Virginia, but sought to avoid retrial in the event of ...

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Va. Cir.: Verbal altercation precluded VEC benefits (access required)

A Virginia circuit court upheld administrative findings that an employee who was fired for yelling profanities at a coworker had committed “misconduct” that disqualified her from receiving unemployment. Background Plaintiff Yolanda A. Bellamy was employed as an environmental service worker ...

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Va. Circuit Courts: GDC limit no bar to high ad damnum (access required)

A personal-injury plaintiff could claim $200,000 in ad damnum even though the circuit court was exercising only its appellate jurisdiction. The court acknowledged contrary precedent from the Supreme Court of Virginia, but sought to avoid retrial in the event of ...

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