Defendant’s attorney must personally pay plaintiff $11,000 as a sanction because of his conduct in this divorce matter. Sanction The matter before the court is entry of a final decree of divorce and plaintiff’s request for an attorney’s fee award. ...

Tagged with: Attorneys Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Virginia is the proper forum for plaintiff’s defamation suit because under the lex loci delicti rule, the cause of action arose where the last act for publishing the allegedly defamatory essay took place; in this case, when a newspaper uploaded ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Bruce D. White Virginia Circuit Courts

Where plaintiff claims defendant marina’s actions caused his boat to sink during a winter storm, the parties’ boat slip lease did not create a bailment, so plaintiff’s cause of action is limited to a claim for breach of contract. His ...

Tagged with: Contract Judge William R Marchant Richmond Circuit Court Virginia Circuit Courts

A defense motion to set aside defaults and file responsive pleadings is granted. Plaintiffs did not argue they will be prejudiced if the motion is granted. Further, defendant did not act in bad faith by rejecting service for incorrect or ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Bruce D. White Virginia Circuit Courts

A pro se complaint that seeks to have a Confederate monument relocated from downtown Norfolk to a city cemetery is dismissed because plaintiffs have failed to a state a claim for which relief can be granted. Free speech Plaintiffs have ...

Tagged with: Civil Rights Judge Bruce D. White Norfolk Circuit Court Virginia Circuit Courts

Where the parties agreed in an email exchange to settle their suit, the term “settlement” was not ambiguous – it means “dismissal of this lawsuit” – and “no reasonable person would have attributed execution of a release to the term ...

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

A cruise ship company is not vicariously liable for claims against  one of its captains because he acted outside the scope of his employment. Spirit Cruises has moved for partial summary judgment with respect to the plaintiff’s claims that are ...

Tagged with: Civil Practice Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

The court grants a business defendant’s motion to dismiss for lack of personal jurisdiction; long-arm jurisdiction is unavailable because the cause of action did not arise from this defendant transacting business in Virginia. Overview A daycare business, My Little Magic ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Charlottesville city council members are statutorily immune from plaintiffs’ claims arising from a series of votes relating to the removal, sale and covering up of statutes of two Civil War generals in city parks. The defendant council members’ actions did ...

Tagged with: Charlottesville Circuit Court Judge Richard E. Moore Municipal Virginia Circuit Courts

The Virginia Employment Commission erred by denying plaintiff’s claim for unemployment benefits because the record does not support its finding that he voluntarily left his employment without good cause. ‘Good cause’ An employee who voluntarily leaves his or her job ...

Tagged with: Judge C. Randall Lowe Unemployment Virginia Circuit Courts Washington County Circuit Court