Two new cases clarify the law that will govern the “tsunami” of Chinese drywall claims in Virginia. The decisions, one federal and one state, discuss claims and coverage and are, for the most part, welcome news for homeowners and builders ...

Tagged with: Judge Mary Jane Hall Judge Rebecca Beach Smith Norfolk Circuit Court Products Liability

In this suit against a builder for breach of contract by use of allegedly defective Chinese drywall to construct a home, a Norfolk Circuit Court rejects the builder’s claim that the suit is barred by plaintiff’s execution of a 2006 ...

Tagged with: Contract Judge Mary Jane Hall Norfolk Circuit Court Virginia Circuit Courts

In these consolidated lawsuits against builder/developer defendants and manufacturer/supplier defendants, alleging use of defective Chinese drywall, a Norfolk Circuit Court overrules defendants’ demurrers to plaintiffs’ claim for breach of implied warranties and demurrer citing the economic loss rule as a ...

Tagged with: Judge Mary Jane Hall Norfolk Circuit Court Products Liability Virginia Circuit Courts

Although a bankrupt husband sold his tenant-in-common interest in the marital home to wife, he still gets a share of the equity in the home, says a Norfolk Circuit Court. The issue presented is whether husband is entitled to claim ...

Tagged with: Domestic Relations Judge Louis Allen Sherman Norfolk Circuit Court Virginia Circuit Courts

A former Navy officer who nonsuited his claim that The Virginian-Pilot defamed him with an editorial that attacked his “openly racist and anti-Semitic” writings, cannot relitigate his status as a public official and public figure in his re-filed suit, says ...

Tagged with: Judge Norman A. Thomas Norfolk Circuit Court Tort Virginia Circuit Courts

Homeowners who are suing builder-developers for use of allegedly defective Chinese drywall, and who assert claims for breach of contract and breach of express warranty, must respond to defendant developers’ motions craving oyer to request documents that support a contract ...

Tagged with: Judge Mary Jane Hall Norfolk Circuit Court Products Liability Virginia Circuit Courts

Although wife may have spent retirement assets that could have been invested, a Norfolk Circuit Court says the relative financial abilities of the parties still would support a partial award of attorney’s fees, and the court orders husband to pay ...

Tagged with: Domestic Relations Judge Mary Jane Hall Norfolk Circuit Court

Although the two defendant businesses in these “Chinese drywall” cases are out of business and the houses that allegedly contain defective drywall are in locations outside Norfolk, a Norfolk Circuit Court denies defendants’ motions to transfer venue from Norfolk, and ...

Tagged with: Civil Procedure Judge Mary Jane Hall Norfolk Circuit Court

Although husband took early retirement at age 59 from his shipyard welder job, he has had to invade his retirement fund to meet his monthly expenses, including spousal support, while wife dissipated most of her $98,000 share of retirement funds ...

Tagged with: Domestic Relations Judge Mary Jane Hall Norfolk Circuit Court

In this first-impression case, a Norfolk Circuit Court says it has no jurisdiction to dissolve a Georgia limited partnership, even though none of the LP’s assets – a $20 million brokerage account – or its family-feud partners have any connection ...

Tagged with: Judge Mary Jane Hall Norfolk Circuit Court