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Tag Archives: Supreme Court of Virginia

No private right of action under relocation assistance act (access required)

Where highway construction required appellant to relocate his dental practice, his suit against the highway commissioner for statutory benefits under the Virginia Relocation Assistance Act was properly dismissed. There is no private right of action under the VRAA. Overview Appellant ...

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Subrogation waiver does not apply to condo owner’s tenant (access required)

Where a condominium association’s insurer waived subrogation against additional insureds, this waiver did not extend to an individual unit owner’s tenant. Facts Sailsman was an individual unit owner in the Chimney Hill Condominium Association. He leased his unit to Alba. ...

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No parental rights interference claim (access required)

The circuit court properly granted defendants’ demurrers to plaintiff’s claim against them for the tort of interference with parental rights. Further, plaintiff’s defamation claim against one defendant is dismissed because the complained-of statements are not actionable. Facts Michael Wilson and ...

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Commonwealth’s attorney not immune from defamation claim (access required)

A commonwealth’s attorney can be sued for defamation because the complained-of statements, his explanation of why he fired a long-time employee shortly after he took office, are not covered by absolute quasi-judicial immunity. Background Baker, the appellee in this case, ...

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Court says prosecutor has exposure to defamation claim (access required)

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A newly elected commonwealth’s attorney who allegedly maligned a former staffer at a public gathering does not have prosecutorial immunity to the staffer’s defamation claim, the Supreme Court of Virginia decided this month. The justices’ ruling revives a lawsuit against ...

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General contractor liable for subcontractor’s unpaid bills (access required)

The trial court correctly ruled that a general contractor was liable under the doctrine of unjust enrichment for construction materials a subcontractor received from a supplier. Overview Davis, the general contractor for a condominium project, hired H&2 as the drywall ...

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