Quantcast

Tag Archives: Roanoke Circuit Court

Va. Cir.: Liability cap applied to attorneys’ fees (access required)

In a contract for services performed that limited the service provider’s liability to the value of the service, any attorneys’ fees awarded also could not exceed the liability cap. Background In September 2012, Plaintiff LAM Enterprises LLC contracted with Defendant ...

Read More »

Va. Cir.: Title challenge must be separate claim, not defense (access required)

In an action for unlawful detainer, defendants occupying their deceased mother’s home could not effectively challenge title by affirmative defense only; any title disputes needed to resolved by separate lawsuit or counterclaim. Background Sometime prior to November 28, 2016, at ...

Read More »

Appendicitis goes unreported initially, leads to complications – $1.5 Million Verdict (access required)

On Aug. 15, 2016, Alexander Nelson underwent a colonoscopy after which he suffered abdominal pain, nausea and vomiting. The next day, Aug. 16,  Nelson saw his gastroenterologist who referred him to the Lewis-Gale Medical Center Emergency Department for a CT ...

Read More »

Va. Cir.: Jury verdict enforcing expired contract was unjust (access required)

A jury’s advisory verdict awarding specific performance of the parties’ contract was a plain deviation from right and justice, given that the contract’s term had expired. Background The parties in this case – Plaintiff Rockbridge Area Conservation Council and Defendant ...

Read More »

Mandated RFP Award Not Authorized By Procurement Act (access required)

In Plaintiff Mediko P.C.’s challenge to procurement procedures by Defendants Roanoke County and Western Virginia Regional Jail Authority, the court permitted certain declaratory issues to move forward but ruled it had no authority under the Virginia Public Procurement Act to ...

Read More »