Nolte v. Mt Technology Enterprises, LLC (Virginia 2012)

Summary

The Supreme Court of Virginia held that MT Technology Enterprises satisfied the registration requirement of Code §13.1‑1057(A) by obtaining a certificate before final judgment, affirmed the trial court's Rule 4:12(b)(2)(B) sanction, reversed the trial court’s prohibition of cross‑examination on damages as an abuse of discretion, and affirmed the trial court’s withdrawal of liability from the jury because the defendants failed to object timely under Rule 5:25.

Holding

Whether MT satisfied the registration requirement of Code §13.1‑1057(A) by obtaining a certificate after filing suit but before final judgment. Compliance after filing but before final judgment satisfies the registration requirement; the trial court did not err.

Whether the trial court abused its discretion in imposing a Rule 4:12(b)(2)(B) sanction that barred defendants from opposing claims or introducing evidence. The sanction was within the trial court’s broad discretion and was not an abuse of discretion.

Whether the trial court abused its discretion by prohibiting defendants from cross‑examining MT’s witnesses on damages. The prohibition of cross‑examination on damages was an abuse of discretion and is reversed.

Whether the trial court erred by withdrawing the issue of liability from the jury when the defendants failed to object timely under Rule 5:25. No error; the defendants waived the objection by not raising it at the time the instruction was given.

Summary

Holding

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