Criminal – Juror Voir Dire – Burden Of Proof – Confusing Questions 
By Deborah Elkins
Published: June 16, 2008
A defense lawyer’s series of confusing questions and hypotheticals intended to explore jurors’ understanding of the concept that the defendant was innocent until proven guilty, did not demonstrate that several jurors should have been stricken for cause from the jury that convicted this defendant of voluntary manslaughter, and the Court of Appeals affirms his conviction.
At [...]
Domestic Relations – Adoption – Withheld Consent – Child’s Best Interests
By Deborah Elkins
Published: June 16, 2008
A biological mom’s great aunt and uncle can adopt her seven-year old son after she withheld consent contrary to the child’s best interests; the Court of Appeals says the Portsmouth Circuit judge did not have to find that continuing the parent-child relationship would be “detrimental” to the child.
The mother’s relatives already had reared her older [...]
Civil Procedure – Premature Notice Of Appeal – Oral Ruling
By Deborah Elkins
Published: June 16, 2008
The Virginia Supreme Court dismisses as improvidently granted the appeals of two former employees of Dillard’s department store who sued the store and two of its employees for malicious prosecution after embezzlement charges against appellants were dismissed on a motion to strike the evidence.
The defendants in the malicious prosecution action sought arbitration under a prior [...]
Municipal – Water & Sewer Rate Ordinance – Timely Challenge
By Deborah Elkins
Published: June 16, 2008
In this suit by seven individuals and three homeowners’ associations to challenge a Leesburg town ordinance that increased water and sewer rates affecting properties the complainants owned inside Loudoun County but outside the town, the circuit court did not err in overruling the town’s plea in bar asserting the action is barred by the 30-day [...]
LLC member alleges looting by other members – $500,000 Settlement
By Virginia Lawyers Weekly
Published: June 16, 2008
This case involved a dispute among three members of a commercial equipment rental LLC.
In December 2006, two LLC members (defendants) made a demand of the third member (plaintiff) for his dissociation from the LLC, offering $120,000 in return for his one-third LLC interest. Before and after his rejection of their offer, plaintiff discovered that [...]
Criminal – Record Expungement – ‘First Offender’ Dismissal
By Deborah Elkins
Published: June 16, 2008
A defendant who had a marijuana possession charge dismissed pursuant to her plea of no contest and a first offender statute, Va. Code § 18.2-251, is not entitled to expungement of the record, and the Virginia Supreme Court reverses the circuit court’s order of expungement.
Three years after the charge was dismissed upon appellant’s successful completion [...]
Contract – Abandoned Septic Tank – Crane Repair
By Deborah Elkins
Published: June 16, 2008
Although a contract between a home builder and a waterfront marine construction company hired to drive foundation piles for the new Virginia Beach home stated the builder was responsible for removal of all utilities in the area and protection of existing structures, the Virginia Supreme Court says the circuit court erred in holding the builder [...]
Contract – Roof Installation – Damages – Offset
By Deborah Elkins
Published: June 16, 2008
In a machine tool company’s contract action for improper installation of a defective roof, the Virginia Supreme Court upholds the circuit court’s award of $450,842 in damages on the $140,000 contract because the contractor failed to rebut the tool company’s expert evidence that the newly installed roof would have to be removed and replaced, but [...]
Patient discharged from ER despite high blood pressure – Confidential Settlement
By Virginia Lawyers Weekly
Published: June 16, 2008
A 39-year-old paraplegic presented to the emergency department of a hospital in May 2006 with severely elevated blood pressure. The patient was treated and discharged even though his vital signs were the same at discharge as on admission to the emergency department.
The patient developed seizures the following morning, returned to the hospital and subsequently died [...]
Negligence – Ad Damnum Amendment – Denial – Abuse Of Discretion
By Deborah Elkins
Published: June 16, 2008
A circuit court abused its discretion in denying a longshoreman’s motion to amend his ad damnum for $74,000 to ask for more money for his injuries, as the defendant ship owner did not lose his right to remove the suit to federal court because of plaintiff’s actions, but because he waited too long to file [...]
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