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Tag Archives: Virginia Circuit Courts

Some counterclaims survive demurrer in defamation case (access required)

Where defendant was sued for defamation and has asserted counterclaims, some claims survive plaintiff’s demurrers while others are barred by the statute of limitations. Background In the underlying suit, filed on March 1, 2019, plaintiff John C. Depp sued defendant ...

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Lifetime sex offender registration order bars gun ownership (access required)

Where petitioner was convicted of a sex crime that requires him to permanently register as a sex offender, the requirement precludes the restoration of his firearm rights. Background After a plea-based conviction of taking incident liberties with a child, petitioner ...

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Venue transfer denied in med-mal case (access required)

Even though plaintiff executor sued defendant care provider in Norfolk County despite the fact that plaintiff’s decedent was treated in defendant’s Sussex County facility, defendants’ motion to transfer venue is denied. Overview Medical Facilities of America, the lead defendant in ...

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Attorney’s fees sanctions awarded to defendant (access required)

Even though a non-party funded defendant’s litigation costs, the court awards defendant attorney’s fees sanctions. Background Defendant Gebreyessus moved for sanctions against plaintiff and counsel. Plaintiff seeks reconsideration of the court’s ruling that granted Gebreyessus’ motion for sanctions against plaintiff ...

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Judge says no portraits in courtrooms for criminal trials (access required)

A Fairfax judge has declared that when he presides over jury trials of criminal defendants, such trials “shall proceed in a courtroom devoid of portraits in the furtherance of justice.” Fair trial concerns “The Court has before it the question ...

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Lemon Law claim was timely filed (access required)

Plaintiffs’ post-arbitration communications with defendant’s agent extended the statute of limitations on their Lemon Law claim. Overview After plaintiffs claimed their new Jeep manufactured by FCA had many problems, plaintiff Randel submitted a Customer Arbitration Process Application as part of an ...

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Plaintiff claims emotional distress affected diabetes (access required)

Defendant doctor’s demurrer to plaintiff’s personal injury claim is overruled because plaintiff has pleaded emotional distress accompanied by a physical injury. Decision “For the purpose of surviving a demurrer, a pleading is ‘sufficient if it clearly informs the opposite party ...

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No guardianship where living father still has legal custody (access required)

A minor child’s maternal grandparents cannot be appointed as the child’s guardians because her father is alive and has legal custody of the child. Overview Petitioners are the maternal grandparents of a 15-year-old child whose mother died in 2012. She ...

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