Virginia: Special Cases – A Lawyer’s Venue

Virginia: Special Cases – A Lawyer’s Venue

By Order entered June 16, 2021, Circuit Court for the City of Norfolk denied Defendant’s motion to change venue, where the personal injury Plaintiff predicated venue solely on Va. Code §8.01-262(3). The Court observed the presumption that “plaintiff’s choice of forum is correct”; rejected focusing on defendant’s business activity in the year suit was filed; and rejected considering only the defendant’s relative percentage of business in general and using a 10% threshold in particular. The Court found Defendant failed to bear its burden of proof by not providing absolute dollar amounts of its business activity and by providing only its revenues and not its expenditures. The case is Hardison v. Norfolk Dredging Co., No. CL20-6356.