Quantcast
Home (page 3)

Tag Archives: Virginia Circuit Courts

Probable cause to arrest for driving under the influence (access required)

An officer had probable cause to arrest defendant for driving under the influence based on signs that defendant’s alcohol consumption observably affected his “his manner, disposition, speech, muscular movement [and] general appearance or behavior.” Further, despite defendant’s arguments to the ...

Read More »

Defendant lacks legal obligation to plaintiff in collection case (access required)

Defendant is entitled to summary judgment in this collection case because plaintiff has produced no evidence of any legal obligation between defendant and the entity that defaulted on loans obtained from plaintiff. Facts Plaintiff FVCBank has sued defendant Transform Holdco ...

Read More »

No stacking of coverage for UIM bodily injury (access required)

An insurer’s vehicle policies unambiguously prevent stacking of underinsured coverage for bodily injury. As a result, the available coverage for the injured party is limited to $25,000, instead of a greater amount he claims is available. Policies Fafa was involved ...

Read More »

Nuisance claim for missing stop sign goes forward (access required)

Where plaintiff alleges that a city created a public nuisance by not replacing a missing stop sign at the intersection where another driver collided with her car, the city’s demurrer is overruled. However, the city’s special plea of sovereign immunity ...

Read More »

Association expenses and charges properly calculated (access required)

Where plaintiff, a commercial owners association, based its assessments on the total square footage of defendant member’s property instead of the developed portion only, this was in accordance with the parties’ contract. As a result, when defendant did not fully ...

Read More »

Burden of proof assigned in internet tax case (access required)

Where an internet provider challenges the Virginia Tax Commissioner’s ruling that the city of Norfolk’s business tax can be levied on gross receipts from internet access services under the grandfather clause in a federal law that bans such taxation, the ...

Read More »

Corrections worker who refused random drug test reinstated (access required)

Where a department of corrections technical support employee was fired after refusing to take a random drug test, the court affirms a hearing officer’s decision to reinstate him because the test policy, as applied to him, violated the Fourth Amendment. ...

Read More »