Legal Opinion

Kearney v. Robinson Land Trust

Charlottesville County Circuit Court

Decided June 29, 2010No. Case No. 09-228Published

1Opinion of the Court

By Judge Edward L. Hogshire

In this civil action involving a real estate transaction, the Defendant filed a Plea in Bar alleging that all Plaintiffs’ claims are barred by the statute of limitations, collateral estoppel, res judicata, the doctrine of merger, and the limitation period set forth in the Agreement. The Court, having considered the arguments of Counsel and the briefs filed with regard to the Plea in Bar, will deny the Defendant’s Plea in Bar for the reasons articulated below.

Statement of the Case

The Plaintiffs assert three Claims in their Complaint. Claim One alleges, “Liquidated…

2Cases cited17 opinions

  1. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  2. Bates v. DeversSupreme Court of Virginia · 1974
  3. Schmidt v. Household Finance Corp., IISupreme Court of Virginia · 2008
  4. Moreno v. SanchezCalifornia Court of Appeal · 2003
  5. Angstadt v. Atlantic Mutual InsuranceSupreme Court of Virginia · 1995

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