What is the name of your state (only U.S. law)? VA
This may be more of a philosophy question, but what is the value to society and the legal process of the absolute right of a plaintiff in Virginia to non suit a case? This system sets up the possibility of a war of attrition for a determined plaintiff. My case: Plaintiff sued one defendant then non suited the case. Plaintiff then filed a different suit against same defendant plus three others (including me), bickered with us in discovery for 19 months then one day before a demurrer hearing was granted a non suit. I'm told I have no recourse to recover costs. I assume plaintiff can think up another unrelated suit, file against defendants and drag us to the brink before non suiting that case. As long as plaintiff is willing to pay, we HAVE to play. At what point in this process is plaintiff and plaintiff's attorney in violation of Virginia Code 8.01-271.1 and subject to sanctions? How does one end this process?
This may be more of a philosophy question, but what is the value to society and the legal process of the absolute right of a plaintiff in Virginia to non suit a case? This system sets up the possibility of a war of attrition for a determined plaintiff. My case: Plaintiff sued one defendant then non suited the case. Plaintiff then filed a different suit against same defendant plus three others (including me), bickered with us in discovery for 19 months then one day before a demurrer hearing was granted a non suit. I'm told I have no recourse to recover costs. I assume plaintiff can think up another unrelated suit, file against defendants and drag us to the brink before non suiting that case. As long as plaintiff is willing to pay, we HAVE to play. At what point in this process is plaintiff and plaintiff's attorney in violation of Virginia Code 8.01-271.1 and subject to sanctions? How does one end this process?