Virginia Circuit Courts

Fathi v. Nasir

Plaintiff’s counsel lacked a reasonable objective basis for designating three doctors as expert witnesses who would testify as to plaintiff’s diagnosis and treatment following the defendant’s alleged sexual assault, battery, and intentional infliction of emotional distress. While the plaintiff’s medical… Read More ›

City of Norfolk v. Salyers

A provision of the Norfolk City Code regarding “soliciting in the street” is an unconstitutional content-based restriction on speech. The provision was the basis for convicting the appellant for standing in the median near an intersection, holding a sign saying… Read More ›

Kim v. Giant of Md. LLC

A plaintiff may nonsuit in circuit court a claim appealed from general district court where the GDC sustained a motion to strike and entered judgment in favor of the defendant. But in light of Robert & Bertha Robinson Family LLC… Read More ›

Denisenko v. Sentara Hosps.

The court denied Sentara’s claim that it had no duty to protect one emergency-room patient from another’s unprovoked attack. Although the hospital didn’t assume a duty to control the other patient despite his known history of aggression and violence, the… Read More ›

Commonwealth v. Rhodes

In a probation revocation proceeding, the defendant was not placed in an “unreasonable” position of lying or being punished for his silence. To rely on the Fifth Amendment rights against self-incrimination, he had to invoke it, which he never did…. Read More ›

McIntosh v. Flint Hill Sch.

A contract provision for a parent to pay attorneys’ fees and costs in any litigation with her child’s school, even if she prevailed, was unenforceable as unconscionable and against public policy. McIntosh v. Flint Hill Sch., CL18-1929, Sept. 17, 2018…. Read More ›

Commonwealth v. Barrington

Although a juvenile defendant initially invoked his right to counsel post-Miranda, he knowingly and intelligently waived the right by asking to talk to a detective after speaking with his mother. The detective had facilitated the phone call with the defendant’s… Read More ›