A company that purchased commercial property at a foreclosure sale wasn’t entitled to a $450,000 payment a tenant made to the prior owner’s agent to restore leased space to its original condition. Judge David W. Lannetti of the Norfolk Circuit ...

Tagged with: Contract Judge David W. Lannetti Virginia Circuit Courts

Where plaintiff bought a commercial property at a foreclosure sale and the prior owner had assigned all income and rights to secure a loan from defendant bank, plaintiff is not entitled to a $450,000 payment a tenant made to the ...

Tagged with: Contract Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where a lender charged a usurious interest rate on a loan, the lender may recover the principal sum but not interest and fees. A second loan contract in this case is unenforceable due to lack of consideration. Loans Plaintiff Shannon ...

Tagged with: Contract Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Statements defendant made after asserting his right to an attorney must be suppressed “with the exception of an unprompted comment … [defendant] made when one of the detectives entered the interview room and before the detective began speaking.” Background Defendant ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

A working owner of an unincorporated business is not an employee within the meaning of the Virginia Workers’ Compensation Act. Further, the business’ customers do not employ the business’ workers. As a result, the business owner was not required to ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts Workers’ Comp

In this case involving plaintiff, a body piercing service, and defendants, seven former employees and a newly formed competitor, defendant’s demurrers to claims of breach of fiduciary duty, statutory and common law conspiracy, conversion and a violation of the Computer ...

Tagged with: Business Law First Judicial Circuit Judge Marjorie A. Taylor Arrington Virginia Circuit Courts

Where a city council revoked a nightclub’s conditional use permit after a shooting occurred on the premises, the nightclub will not be granted a preliminary injunction to prevent enforcement of the revocation. Background The Legacy Lounge obtained a conditional use ...

Tagged with: Civil Practice Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

A Virginia court has rejected an insurance company’s argument that the owner of an unincorporated cleaning business should be counted as an employee along with her two hired workers, thereby subjecting the business to the Virginia Workers Compensation Act, or ...

Tagged with: Judge David Bernhard Virginia Circuit Courts Workers' Compensation

Where defendant committed three prior technical violations of his probation, the court is not limited to a 14-day sentence after defendant’s fourth technical violation – first-time absconding from probation. This is so despite language in the sentencing guidelines that seemingly ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where eight consolidated cases present opportunities to apply Virginia’s Dead Man’s statute, the court clarifies the statute’s corroboration requirements. Overview Estate of Lohman has been consolidated with Rosenthal/Bavely. The common thread is application of the Dead Man’s statute. “In Lohman, ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts