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Opinion Digests

Civil Practice – Discovery – Privileged Letters – Settlement Negotiations (access required)

In this suit involving an alleged restructuring of a commercial real estate transaction, certain of defendants’ letters are privileged and need not be produced for discovery because they contain offers to settle pending or threatened litigation. The court reviewed the ...

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Medical Malpractice (access required)

Venue Transfer After Panel Appointment Where a defendant has requested a medical malpractice review panel under Va. Code 8.01-581.2, that pending request precludes the court from acting on a defense motion to transfer venue from Richmond to Staunton for reasons ...

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Domestic Relations – Child Support – Credit For Visitation Expense (access required)

Although the trial court may have erred in earlier allowing certain items, such as gifts and clothing, as visitation expenses, the court will allow the father’s automobile mileage as an appropriate visitation expense, and the mother likewise is allowed some ...

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Attorneys – Fees – Sovereign Immunity – Tax Refund (access required)

Although plaintiff law firm’s representation of a class of federal retirees resulted in the General Assembly’s establishment of a “settlement fund” for the retiree’s recovery of illegally collected income taxes, the firm’s efforts to obtain a fee award from the ...

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Domestic Relations – Discovery Sanctions – Attorney's Fees & Costs (access required)

Where defendant wife twice has failed to comply with court orders requiring her to give complete answers to interrogatories and to provide certain documents, the defendant is ordered to pay plaintiff husband $3,087 for his attorney’s fees and costs incurred ...

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Criminal – Probation Revocation – Continued Criminal Activity (access required)

Where defendant in July 1994 pled guilty to petit larceny and was sentenced to 12 months in jail, with four months probation, the circuit court concludes after a hearing and a review of defendant’s criminal history that his probation from ...

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Labor & Employment – Age Discrimination – ADEA – RIF – Inadequate Performance – Same Hiring & Firing Officer (access required)

Where plaintiff, a 58-year old corporate quality assurance manager who was discharged as part of a reduction-in-force, failed to present any evidence that he was performing at the level of the three other persons retained at his management level and ...

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