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Tag Archives: Virginia Circuit Courts

Judicial emergency orders tolled speedy trial right (access required)

Judicial emergency orders issued in response to the COVID-19 pandemic tolled defendant’s constitutional and statutory speedy trial rights. Overview The parties concede that 103 days, for speedy trial purposes, elapsed from when defendant was arrested to the original trial date ...

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Attorneys’ fees ordered as discovery sanction (access required)

Where plaintiff did not disclose, in response to defendant’s discovery request, a medical care provider he consulted for a second opinion in this medical malpractice case, plaintiff must pay defendant’s attorneys’ fees relating to the discovery violation. Background Plaintiff sued ...

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Nominating deadline extended due to COVID-19 orders (access required)

Where Code § 24.2-510 requires political committees to complete their nominations by the second Tuesday in June, and executive orders issued in response to the COVID-19 pandemic make it unlikely that plaintiff can hold a timely nominating convention, the court ...

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Statute precludes gun range closing under COVID-19 order (access required)

Where the governor’s executive order, issued under Code § 44-146.17 in response to the COVID-19 pandemic, ordered the closure of indoor gun ranges, the power to do so is limited by § 44-146.15(3), which provides that the governor’s emergency powers ...

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Corporate shares valuation includes commercial leases (access required)

Where the parties agreed to place their separate businesses into a jointly owned corporation, the parties’ business leases are corporate assets and must be included when valuing the corporation’s shares in this dissolution action. Overview Biton and Kreinis are equal ...

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Discovery misstep nets $21K in sanctions (access required)

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Despite a “suspicious” omission of unfavorable medical information, a Norfolk judge refused to hobble a medical malpractice case because the plaintiff and his lawyer dragged their feet in supplementing discovery responses. The defendant hospital claimed there was a “blatant abuse ...

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Court will not seal infant settlement terms (access required)

Where the parties in this medical malpractice case, a minor, his mother and several defendants, made a pretrial settlement of plaintiffs’ claims, the court will not seal the settlement terms. Although the wrongful death statute requires settlement terms to be ...

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