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Tag Archives: Virginia Circuit Courts

Statute mitigating probationers’ penalties struck down (access required)

Where the General Assembly enacted a statute that prohibits courts from enforcing certain probation violations, the statute violates the separation of powers clause in the Virginia Constitution. Overview A defendant placed on supervised probation is subject to 11 mandatory rules ...

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No standing to challenge school transgender policy (access required)

Where the Virginia Department of Education developed a guidance document containing model policies for local school boards to use when adopting policies for the treatment of transgender students, plaintiffs lack standing to sue because they have not been aggrieved by ...

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Corporate officers are not employers in unpaid wage case (access required)

A corporation’s president and its chair of the board are not “employers” for purposes of plaintiffs’ claim for unpaid wages under Code § 40.1-29(J). Overview Defendant Christian Psychotherapy Services employed Cornell and Sparks as clinical psychologists. CPS was a family ...

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Motion to file responsive pleadings is granted (access required)

“Came the parties, by counsel, on January 29, 2021, upon the Plaintiff’s ‘Motion for Default Judgment as to Counts I and II of Plaintiff’s Complaint,’ the Defendant’s ‘Motion for Leave to File Responsive Pleadings,’ and the Defendant’s ‘Motion for Leave ...

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Internet provider liable for city’s business tax assessment (access required)

An internet service provider must pay a city’s business tax assessments because the city began collecting the tax before the effective date of a federal law that bars taxation of internet service access revenues. Background This case involves the interplay ...

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Demurrer and plea in bar to civil conspiracy claim overruled (access required)

The court rejects defendants’ argument that Count III of plaintiff’s complaint, which alleges a civil conspiracy among the defendants, must be struck under the intracorporate immunity doctrine. Defendants’ demurrer and plea in bar are overruled. Parties’ arguments At a hearing ...

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