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Tag Archives: Norfolk City Circuit Court

Mechanic’s lien without suit is not abuse of process (access required)

The filing of a mechanic’s lien, without an accompanying enforcement action, does not give rise to a claim for abuse of process because no judicial authority is involved. Defendants’ demurrer to this claim is sustained. Overview The “narrow issue” in ...

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Plaintiff’s former counsel disqualified as defense counsel (access required)

Where defense counsel previously represented plaintiff in corporate matters, consulted on protecting trade secrets, and drafted and enforced employment contracts and noncompete agreements, plaintiff’s motion to disqualify defense counsel in a trade secret matter is granted. Background The Morrison & ...

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Nuisance claim for missing stop sign goes forward (access required)

Where plaintiff alleges that a city created a public nuisance by not replacing a missing stop sign at the intersection where another driver collided with her car, the city’s demurrer is overruled. However, the city’s special plea of sovereign immunity ...

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Burden of proof assigned in internet tax case (access required)

Where an internet provider challenges the Virginia Tax Commissioner’s ruling that the city of Norfolk’s business tax can be levied on gross receipts from internet access services under the grandfather clause in a federal law that bans such taxation, the ...

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Comments about lawyer’s advice lacked defamatory sting (access required)

Defendant’s statements to the press about plaintiff’s legal advice to the Portsmouth City Council lacked the necessary sting to support his defamation suit. Background Plaintiff is Portsmouth’s former city attorney. Defendant is the former mayor. Plaintiff’s complaint alleges that after ...

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Suspended lawyer’s firm must pay sanctions (access required)

Where the law license of plaintiff’s counsel had been administratively suspended because he did not complete continuing legal education credits, his signatures on an order of substitution, discovery responses and discovery requests were invalid. The court grants plaintiff’s motion to ...

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Lemon Law claim was timely filed (access required)

Plaintiffs’ post-arbitration communications with defendant’s agent extended the statute of limitations on their Lemon Law claim. Overview After plaintiffs claimed their new Jeep manufactured by FCA had many problems, plaintiff Randel submitted a Customer Arbitration Process Application as part of an ...

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Agreement to distribute sale proceeds upheld (access required)

In this interpleader action, even though there was a mutual mistake of fact regarding a settlement to distribute the proceeds of a property sale, respondents, who seek to reform the distribution agreement, are equitably estopped from doing so. Overview Gerald ...

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City charter signature provisions are valid (access required)

Where COVID-19 emergency orders hampered plaintiffs’ efforts to collect signatures on a petition to have the city of Norfolk adopt a “2nd Amendment Preservation” ordinance, the signature requirements in Norfolk’s city charter are not unconstitutional as applied to plaintiffs. Further, ...

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Oyer denied for party bus inspection certificate (access required)

Where plaintiff’s decedent was killed when she fell through an open or unsecured door on a moving party bus, a defense motion craving oyer of an inspection certificate for the bus is denying because plaintiff’s negligence claim does not arise ...

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