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Tag Archives: Norfolk City Circuit Court

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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Liability for arbitration attorney’s fee clarified (access required)

Where an arbitrator awarded petitioner an attorney’s fee as a sanction for respondent’s failure to comply with discovery, respondent’s substitute counsel is liable for the sanction. Background The action before the court is a review of an arbitrator’s order requiring ...

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Husband’s incarceration did not stay support obligation (access required)

An incarcerated husband remains liable for his spousal support obligation but is not in contempt of court for failing to pay as ordered in the final divorce decree. The court finds that husband’s spousal support arrearage is $489,239. Judgment is ...

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