Virginia: Special Cases – a Lawyer’s Demurrer

Virginia: Special Cases – a Lawyer’s Demurrer

On April 16, 2015, the Supreme Court of Virginia decided Anheuser-Busch Cos., Inc. v. Cantrell, No. 140748, consolidated with Newport News Shipbuilding and Dry Dock Co. v. Cantrell, No. 140749. It applied Virginia’s nonsuit statute, Va. Code §8.01-380, reversing and remanding. Id. at 4.

Cantrell found “the circuit court erred in granting Cantrell’s motion for nonsuit after the parties had completed their briefing and argument on the demurrers.” Id. at 3. Because “[n]either the parties nor the court anticipated any further proceedings on the demurrers, which therefore were committed to the court for its ruling . . . the case was ‘in the hands of the trial judge for final disposition’ at the time of Cantrell’s motion.” Id.