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Posts from August 2009.
August 24, 2009
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Topics Litigation

 Virginia can be a difficult forum for plaintiffs. One tremendous advantage to plaintiffs, however, has been the “nonsuit”. So long as there are no cross-claims or counterclaims filed, a plaintiff has an absolute right to request a dismissal without prejudice and has a right to re-file their case. This statute in essence gives a plaintiff the chance to take a mulligan during the case so long as the case has not been sent to a jury or a dispositive motion is under the advisement of the court.