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The SCoVA Blog

Court revives medical malpractice claim (access required)

A medical malpractice survival action arose from the same “cause of action” as a previously nonsuited wrongful death claim, so the statute of limitations does not bar the new lawsuit, the Supreme Court ruled Friday. The decision reverses the trial ...

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GPS evidence did not taint conviction, court rules (access required)

Even though the unconstitutional use of GPS tracking led police to follow a suspected sex offender, allowing police to testify about the man’s activities was harmless error since the victim’s own testimony was sufficient to convict the suspect of violent ...

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High court weighs sanction for sitting judge (access required)

Appellate arguments sometimes reduce to a couple of questions: How does this set of facts fit with prior precedent and how will the court’s decision affect future conduct? There have only been five published cases in which the Supreme Court ...

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Fee award to condo association stands (access required)

The Supreme Court of Virginia has let stand an award of attorney’s fees to a condominium unit owners’ association in a suit filed by an owner who wanted compensation for property damage from a shower leak in her condo. Last ...

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Counseling center zoning violation reversed (access required)

A counseling center can provide homeless people with meals, showers and laundry service, the Supreme Court of Virginia says. The non-residential center’s additional services were not illegal “accessory” services under the local zoning ordinance, the court said in a June ...

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Noncompete, nonsuit cases on June argument docket (access required)

The Supreme Court of Virginia is back in town June 4, hearing a docket that includes several cases from Fairfax, including: attorney’s fees in a collections case (Dewberry & Davis Inc. v. C3NS Inc.); a ; the right to nonsuit ...

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High court reinstates winery’s win (access required)

Vineyard owners in Fauquier County can let the libations flow freely again, in the wake of a Virginia Supreme Court order that reinstated their win in a suit filed by a homeowners’ association. The high court said May 11 in ...

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High court takes new Bowman case, ‘blue pencil’ case gone (access required)

Employment lawyers may be looking for a new wrinkle in Virginia wrongful discharge law, but their hopes the high court would wield a “blue pencil” have been dashed. A nurse who said her complaints about a surgeon’s persistent groping got ...

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Review granted on p.i. plaintiff’s $4M summary judgment (access required)

The Supreme Court will consider a $4-million summary judgment in a personal injury case based on the defendant’s acknowledgement of a debt on a bankruptcy form. When Jerrene Yeoman filed for bankruptcy, her lawyer sought to include a pending personal ...

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Lawyer seeks fee split, wins suit against her P.C. (access required)

A lawyer who discovered the other shareholder in her two-person firm was writing checks to family members on the firm’s trust account can sue on behalf of their professional corporation, the Supreme Court of Virginia said on April 20. Read ...

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