Although the court has the discretion to dismiss defendant’s case even though he has not completed the required 100 hours of community service, the court will instead extend the time for completing community service by six months. Background Defendant was ...

Tagged with: Criminal Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

Twitter is immune from plaintiff’s defamation suit under 47 U.S.C. § 230. Twitter’s motion to dismiss is granted. As an initial matter, the court rejects plaintiff’s argument that this is the second motion to dismiss before the court and thus ...

Tagged with: Defamation Henrico County Circuit Court Judge John Marshall Virginia Circuit Courts

The source-of-duty rule bars plaintiff from amending its complaint to include an actual fraud claim because the claim is related to the parties’ contract. Overview Plaintiff law firm seeks to add an actual fraud claim to its complaint against defendants. ...

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

Where the express terms of an easement grants only ingress and egress to a lake, the easement does not convey riparian rights to plaintiff, and he has no right to dock a boat at a seawall on defendants’ lot. Overview ...

Tagged with: Fairfax Circuit Court Judge David Bernhard Real Estate Virginia Circuit Courts

Where defendant is charged with sexually abusing his two stepdaughters and has demanded separate jury trials, the court clarifies its prior ruling and holds that all of the charges against defendant involving one of his stepdaughters can be tried at ...

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

Defendant’s demurrers to plaintiff’s claims for negligence per se and negligence, arising from defendant’s alleged failure to keep a mobile home park’s septic system in good working order, are overruled. A demurrer to plaintiff’s contract-based claim to keep the septic ...

Tagged with: Civil Practice Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts

Where plaintiff reporter sought information concerning a database system from defendant corrections department, the request was “reasonably specific.” Defendant’s late response violated the Virginia Freedom of Information Act. Overview Plaintiff Harki wrote a series of articles for the Virginian-Pilot about ...

Tagged with: FOIA Judge Junius P. Fulton III Norfolk Circuit Court Virginia Circuit Courts

Where plaintiffs claim that the requirements to be placed on the ballot for the 2020 Richmond mayoral election place a “severe” burden on plaintiff candidate’s “voting, associational and expressive rights guaranteed by the First Amendment” in light of restrictions imposed ...

Tagged with: Elections Judge Joi Jeter-Taylor Richmond Circuit Court Virginia Circuit Courts

Where defendant was arrested as a robbery suspect and told police about his drug use in the days before the robbery, those statements are inadmissible when he later became a suspect in a robbery committed the previous month. Background Blowe ...

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

Where petitioner refused to waive extradition to New Jersey, the court must determine whether he has the requisite capacity to assist his counsel in the extradition process. Court’s synopsis “The Court has considered the Petition for a Writ of Habeas ...

Tagged with: Criminal Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts