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Author Archives: Paul Fletcher

Inspectors must document defects whenever found (access required)

County building inspectors will be required to document all building code violations, regardless of when they occur, under action taken by the state Board of Housing and Community Development last Monday. The board’s decision is an important victory for homeowners ...

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Fall through windows gets $15M verdict in Fairfax (access required)

The family of a toddler who fell through a window when the screen gave way won a $15 million jury verdict in Fairfax Circuit Court last Wednesday. The boy survived the 10-foot fall to a concrete driveway below, but he ...

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Lienor need not sue all trustees named in deed (access required)

A workman seeking to enforce a mechanic’s lien need not sue all trustees named in the property’s deed of trust, a Spotsylvania Circuit judge has ruled on an issue of apparent first impression. The deed of trust contained standard language ...

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Grandparent visitation allowed, but with limits (access required)

By Paul Fletcher, Publisher & Editor-in-Chief Grandparents can seek visitation of a grandchild over the parents’ objection, but the grandparents must show that their being kept away is harmful to the child, the Virginia Court of Appeals has ruled in ...

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'St. Elmo's' plus 'Friends' equals 'Tenth Justice' (access required)

By Paul Fletcher, Publisher & Editor-in-Chief THE TENTH JUSTICE. By Brad Meltzer. Rob Weisbach Books. 389 pp. $23.00 Reader, beware. “The Tenth Justice” by Brad Meltzer is bit of a stinker. Maybe that’s a bit harsh: “The Tenth Justice” is ...

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'Bowman' claim is barred by Comp Act (access required)

By Paul Fletcher, Publisher & Editor-in-Chief A nurse’s Bowman wrongful discharge claim is barred by the Workers’ Compensation Act, a federal judge in Roanoke has ruled in a case of first impression. The nurse filed a comp claim after she ...

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Man's suicide will not bar workers' comp (access required)

By Paul Fletcher, Publisher & Editor-in-Chief The family of a man who committed suicide because of chronic pain and depression following a workplace accident can recover workers’ compensation benefits, the Court of Appeals has ruled in a case of first ...

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Tattoo parlor can enforce noncompete for 5 years (access required)

By Paul Fletcher, Publisher & Editor-in-Chief A tattoo parlor owner can enforce a noncompete agreement that prohibits a lessee from competing against him within 150 miles and for five years after termination of the lease, an Isle of Wight Circuit ...

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'COMMUNITY CARETAKER' (access required)

By Paul Fletcher, Publisher & Editor-in-Chief The commonwealth may use the “community caretaker” doctrine to justify the search of a defendant’s home, the Court of Appeals has ruled. The community caretaker rationale, based on a 1973 U.S. Supreme Court case, ...

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JUROR PERMITTED TO ASK QUESTION AT MURDER TRIAL (access required)

By Paul Fletcher, Publisher & Editor-in-Chief A juror can ask questions of a defense witness in a criminal trial, the Virginia Court of Appeals has ruled in a case of first impression. In a murder case that revolved around just ...

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