The court will grant the demurrer filed by a third-party defendant because the indemnity provision at issue would allow another party to seek indemnity from this defendant for its own negligent acts. Discussion Plaintiff Morris sued defendant DSA on negligence ...

Tagged with: Contract Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts

Where a zoning administrator cited petitioners for violating the Fairfax County zoning ordinance because they made occasional online rentals of their residence, the Board of  Zoning Appeals erred by upholding the citation. The abode at issue is used more or ...

Tagged with: Fairfax County Circuit Court Judge Dontae L. Bugg Real Estate Virginia Circuit Courts

In a case where corporate confusion may have torpedoed a six-figure tax relief claim, a Fairfax County judge ruled that trial depositions may be used to support a motion to strike. The statute barring the use of depositions for summary ...

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

The accrual date for plaintiff’s claim that defendant did not perform workmanlike repairs to a leaky roof was when plaintiff noticed the roof was still leaking after the work was finished. The claim did not accrue later when the roofing ...

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

The civil forfeiture of a truck valued at $53,000 that was used to unlawfully distribute $200 worth of cocaine would violate the Excessive Fines Clause of the Eighth Amendment and 14th Amendment’s Due Process Clause. Overview In the underlying criminal ...

Tagged with: Constitutional Fairfax County Circuit Court Judge Michael F. Devine Virginia Circuit Courts

Plaintiffs can go forward with a suit that alleges defendants interfered with fair housing rights by not renting a dwelling at the advertised price because the family had five minor children. Facts The complaint in this case alleged that the ...

Tagged with: Civil Rights Judge Jeanette A. Irby Loudoun County Circuit Court Virginia Circuit Courts

The proposed substitute plaintiffs cannot continue a tax-refund suit as successors in interest of plaintiff, a voluntarily cancelled LLC, even though lease agreements authorized the would-be plaintiffs to pay property taxes and challenge assessments. Further, plaintiff lacks standing to continue ...

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

Statues erected in the city of Charlottesville of Civil War General Robert E. Lee and Lt. General Thomas Jonathon Jackson are “monuments or memorials,” as mentioned in Code § 15.2-1812, says a 16th Judicial Circuit Court judge. Plaintiffs moved for ...

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

A motion to set aside the jury’s guilty verdicts on multiple counts of sex crimes involving two juvenile victims is denied. “The Court (1) finds that the evidence regarding victim reliability is sufficient to support the jury’s guilty verdicts; (2) ...

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

The commonwealth may pursue claims on behalf of borrowers to enforce the Virginia Consumer Protection Act despite the borrowers’ signed arbitration agreements with the lender. Overview Net Credit, an internet-based lender, made loan agreements with private borrowers. The Commonwealth has ...

Tagged with: Contract Fairfax County Circuit Court Judge Daniel E. Ortiz Virginia Circuit Courts