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Tag Archives: Virginia Circuit Courts

Defendant led plaintiff to believe no expert needed (access required)

The court held that while an expert should have been required to admit certain physical therapy records about plaintiff’s injuries, the defendant’s response to the plaintiff’s requests for admission reasonably led her to believe no expert was required. Background This ...

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Attorney’s fees’ provision in student enrollment contract unconscionable (access required)

Flint Hill School’s enrollment contract requires the parent to pay the school’s fees and costs in any litigation, irrespective of which side prevails. In advance of a suit for breach of contract against the school, a parent sought a declaratory ...

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Counsel deficient, but defendant not prejudiced (access required)

Defendant Kearns filed a petition for habeas relief, alleging ineffective assistance of counsel. The court held that, while his counsel was deficient, Kearns had not demonstrated prejudice. As such, it dismissed his habeas petition. Background Lee Allen Kearns was guilty ...

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Misrepresentations void policy for airplane damage (access required)

A policy covering the defendant’s airplane was void ab initio based on his false statements about the status and location of the plane. He’d sought last-minute coverage for his already-dilapidated plane as Hurricane Matthew approached, then filed a claim for ...

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Special warranty conveyance preserves interest in condos (access required)

A condo developer successfully petitioned to invalidate a subcontractor’s mechanic’s lien on the individual condos after the general contractor reportedly went bankrupt. Though it had sold all the condos, the developer had standing to bring the petition by virtue of ...

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Judgment final as to co-defendant who didn’t appeal (access required)

One of two defendants appealing a $24,000 judgment against them cannot add the other defendant to the appeal. General district court judgments are final as to parties who note no appeal. Background In 2016, Denise Johnson rear-ended Defendant Milford Smith, ...

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Agency not required to serve decision on unnamed party (access required)

The court lacks jurisdiction to consider this administrative appeal. The City of Norfolk, the petitioner, was not a named party in the agency’s adjudication and submitted no public comments. Thus, it was not entitled to service of the final decision ...

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