Quantcast
Home (page 3)

Tag Archives: Virginia Circuit Courts

Doctor’s motion to quash records subpoena granted (access required)

Where a child’s therapist, who is not a party to this divorce action, moved to quash a subpoena duces tecum of the child’s mental health care records, the motion is granted. The controlling statute allows a health care professional to ...

Read More »

Comptroller not proper party for damage claim (access required)

Where the commonwealth billed construction companies and others more than $7 million for flooding damages resulting from a ruptured water line, the commonwealth comptroller’s suit under the Virginia Debt Collection Act to recover damages, interest, attorney’s fees and costs is ...

Read More »

Evidentiary hearing conducted for actual innocence claim (access required)

Where petitioner seeks to overturn his convictions arising from an assault of a co-worker by petitioning for a writ of actual innocence based on nonbiological evidence, the court has taken testimony and cross-examination of witnesses as ordered by the Court ...

Read More »

Federal sovereign immunity bars gross negligence claim (access required)

On remand from the Virginia Supreme Court for application of federal maritime law, the court finds that defendant is entitled to federal sovereign immunity, and, as a result, the gross negligence claims against him must be dismissed. Background Pridemore was ...

Read More »

Employer did not prove misconduct (access required)

The court reverses the Virginia Employment Commission’s finding that an unemployment benefits claimant who slept on the job committed misconduct that disqualified him from benefits. The commission concluded that the sleeping incident was “clearly inappropriate and a violation of company ...

Read More »

Volunteer coaches have sovereign immunity (access required)

Volunteer coaches conducting a high school baseball team’s batting practice have sovereign immunity from the simple negligence claims in plaintiffs’ lawsuit. Immunity analysis Code § 2.2-3605 provides sovereign immunity to volunteers to the same extent as paid staff. Whether the ...

Read More »

Virginia is proper venue for defamation claim (access required)

Where plaintiff claims that the Virginia defendants, an individual and a corporation, defamed him on Twitter and that defendant Twitter Inc. negligently allowed the posts to remain on its social media platform, Virginia is the proper venue for all claims. ...

Read More »

Short-term rentals not existing property ‘use’ (access required)

Where the court has previously denied plaintiffs summary judgment on their claim that Fairfax County unreasonably amended its zoning ordinance to regulate short term leases of residential property, plaintiffs erroneously argue in a motion for reconsideration that the court determined ...

Read More »

District court’s jail waiver bars circuit court jail sentence (access required)

Where the general district court waived jail time on the commonwealth’s behalf for a defendant charged with possessing marijuana, the commonwealth cannot seek jail time in a de novo circuit court trial of the charge. Further the charge must be ...

Read More »