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Default Judgment in Virginia: How It Works & How to Set It Aside

Litigation By Binnall Law Group - 2026/08/13 at 10:02pm

When a plaintiff files a lawsuit in Virginia, the defendant is served with a complaint and given a specific period to respond. But what happens when a defendant simply fails to answer? The result can be a default — and ultimately a default judgment — that resolves the case entirely in the plaintiff’s favor without a trial on the merits.  What Is a Default in Virginia Courts?  In Virginia, a default occurs when a defendant who has been properly served with process fails to file a responsive pleading within the time permitted by law. In circuit court, a defendant generally has 21 days after service to file an answer or other responsive pleading. If […]

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Motion to Dismiss in Virginia: How Demurrers & Rule 12(b)(6) Work 

Litigation By Binnall Law Group - 2026/08/12 at 01:30pm

When a lawsuit is filed, the defendant’s first instinct is often to fight back — but not every case deserves a full-blown defense on the merits. In Virginia, one of the most powerful early tools available to a defendant is the motion to dismiss, which asks the court to throw out all or part of the plaintiff’s case before discovery even begins. Understanding how a motion to dismiss works in Virginia is essential for both plaintiffs drafting their complaints and defendants evaluating their options.  What Is a Demurrer in Virginia?  In Virginia circuit courts, the procedural mechanism for challenging the legal sufficiency of […]

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FTCA Claims: When You Can Sue the Federal Government

Litigation By Binnall Law Group - 2026/04/06 at 11:29am

When Can You Sue the Federal Government? A Strategic Guide to FTCA Claims When harm is caused by the federal government, most assume there is no legal recourse. In many cases, that’s true—sovereign immunity protects the United States from suit. But under the Federal Tort Claims Act (FTCA), there are limited and highly technical circumstances where individuals and businesses can pursue claims against the government. Understanding those boundaries is critical—because in FTCA litigation, success depends on precision from day one. Our team regularly advises clients in complex federal investigations and government-facing matters. What Is the Federal Tort Claims Act? The […]

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What to Expect When Your Case Is Filed in the EDVA 

Litigation By Binnall Law Group - 2026/02/09 at 02:56pm

The Eastern District of Virginia (EDVA), widely known as the “Rocket Docket,” ranks among the fastest federal trial courts in the United States. This Virginia federal court, with divisions in Alexandria, Richmond, Norfolk, and Newport News, has built its reputation on a strong commitment to swift justice. The guiding principle has long been that justice delayed is justice denied.  The court operates on an accelerated timeline, aiming to conclude all cases within a year without regard to complexity. It routinely schedules proceedings on weekends and holidays and permits continuances only in exceptional circumstances. Rather than assigning cases to individual judges, […]

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