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False evidence claim procedurally barred
Where petitioner argues he is entitled to habeas relief, alleging that the commonwealth falsely stated at trial that a witness had been subpoenaed, the claim is procedurally barred. Petitioner could have raised it at trial. Further, petitioner has not pleaded a viable ineffective assistance claim. Background A grand jury indicted petitioner Little for possession of […]
Eviction moratorium tolled writ of eviction deadline
A writ of eviction obtained by the Virginia Housing Development Authority more than 180 days after being awarded possession of the foreclosed premises is enforceable. A federal COVID-19-related eviction moratorium tolled the 180-day statutory period. Overview Ononuju defaulted on his FHA mortgage. The VHDA asked Evans to conduct a non-judicial foreclosure sale. Evans purchased the […]
Joinder motion granted in attempted murder case
Where five defendants are charged with multiple crimes arising from their alleged attack on the victim, the commonwealth’s motion for joinder is granted. The commonwealth has shown good cause, defendants have not shown they will be prejudiced, the court can redress any concerns about Confrontation Clause violations and “it is premature for the Court to […]
Challenge to COVID-19 treatment guidelines rejected
Although a doctor has third-party standing to bring an informed consent claim on behalf of his patients, he lacks standing to bring a claim under the Virginia Health Care Decisions Act. He is not entitled to a temporary injunction because he is unlikely to succeed on the merits of his claim that the hospital he […]
Damages awarded after freight was auctioned
Where a freight carrier retained a refused shipment of roofing materials and eventually sold it at auction, the court awards the freight broker that set up the shipment a judgment for the materials’ value. Overview Port Norfolk Transport (PNT) is a motor carrier and one of the plaintiffs in this case. Commodity Distribution (Commodity), the […]
Evidence obtained after traffic stop is admissible
Where police investigators stopped defendant after he disobeyed a stop sign, issued him a warning instead of a ticket, and defendant then admitted he had marijuana in the vehicle in response to one of the investigator’s question, defendant’s motion to suppress the marijuana and a gun found in the vehicle is denied. Background Two police […]
Claims arising from assault dismissed
Where plaintiff was assaulted in the lobby of a governmental mental health facility, the court sustains a plea in bar based on governmental immunity filed by defendant community services board. Claims against a private security guard service are dismissed as well. Overview Plaintiff alleges that he was assaulted in the lobby of a community services […]
Internet provider liable for city’s business tax assessment
An internet service provider must pay a city’s business tax assessments because the city began collecting the tax before the effective date of a federal law that bars taxation of internet service access revenues. Background This case involves the interplay between the city of Norfolk’s Business, Professional and Occupational License (BPOL) tax and the federal […]
Mechanic’s lien without suit is not abuse of process
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 this case is whether “the filing of a memorandum of mechanic’s lien, without the institution […]
Plaintiff’s former counsel disqualified as defense counsel
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 & Foerster law firm represented plaintiff Atlantic Diving Supply from 2009 until 2014 in variou[...]
Nuisance claim for missing stop sign goes forward
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 to plaintiff’s negligence claim arising from the same facts is sustained. The complaint Plaintiff Graves […]
Burden of proof assigned in internet tax case
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 internet provider has the burden of proof to show that Norfolk’s BPOL does not fall […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
