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Where (1) a jury ruled in favor of the defendant in a negligence suit over injuries that a plaintiff suffered while removing snow from the roof of a building on the defendant’s premises and (2) a loss of consortium lawsuit has been brought against the defendant on behalf of the plaintiff’s two minor sons, the
Where defendant’s demurrer asserts that plaintiff’s civil claims for sexual assault and battery, and aggravated sexual assault and battery fall under the tort of assault and battery, the demurrer is overruled because “Virginia law recognizes individual torts of sexual assault and battery and aggravated sexual assault and battery.” Common law Virginia circuit courts have recognized ...
Where a U.S. District Court judge appointed a receiver pursuant to a commercial security agreement between a plaintiff borrower and a defendant bank, there was no abuse of discretion, as the plaintiff stopped making payments on its loans from the bank, which triggered an “event of default” under the plain language of the agreement and
Where a complaint alleged that the plaintiff and defendant were both citizens of Virginia, so there was no diversity jurisdiction, and the complaint did not clearly assert any claims that could serve as the basis for federal question jurisdiction, it was dismissed for lack of subject matter jurisdiction. Background Plaintiff, appearing pro se, submitted an ...
Where a “relief defendant” in a securities fraud action refused to participate in a court-ordered deposition, summary judgment should enter in favor of the SEC as a sanction. “On June 3, 2022, this court entered summary judgment against eight defendants and relief defendants in this securities fraud action. The court also allowed in part and