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The SCoVA Blog

Pedestrian’s claim not barred by contrib (access required)

A woman crossing a post office driveway was not contributorily negligent for failing to observe a man who pulled out a parking space she had walked past, the Supreme Court of Virginia said on Feb. 12. It sent the woman’s ...

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No written fee agreement, no malpractice claim (access required)

Lawyers often are advised to use written fee agreements with clients. But one lawyer avoided a legal malpractice claim because he did not sign a written agreement with a client he had known for over 60 years. With no written ...

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Shoplifter’s spray canister held ‘noxious gas’ (access required)

The Virginia Supreme Court has upheld a shoplifter’s conviction of malicious use of a noxious gas for spritzing a store’s loss prevention manager with a chemical substance when she was confronted for concealing store merchandise. When Sheila Somerville left a ...

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Court revives suit with wrong name, right party (access required)

A divided Supreme Court of Virginia has revived an auto-accident plaintiff’s personal injury suit, which was dismissed for failure to name the correct defendant. Although plaintiff Linda Richmond used different names for the person she was suing, the names referred ...

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Court reverses ‘golden parachute’ for bank CEO (access required)

A former bank executive lost over $800,000 in severance pay and attorney’s fees in a Jan. 14 decision by the Supreme Court of Virginia. That court reversed a Norfolk trial judge’s 2014 award as a “golden parachute” payment that was ...

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Cardiologist consult is question for jury (access required)

An emergency room physician who said he consulted with a cardiologist prior to discharging a woman with chest pain faces retrial of a wrongful death suit filed after the woman died a week later. Sloan Bailey came to Sentara CarePlex ...

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Punitive damages reversed for unpaid bonus (access required)

A company president’s letter promising a retention bonus to employees who stayed on after a stock sale could not support a $200,000 punitive damage award against the company, the Supreme Court of Virginia said on Dec. 30. S.W. Rawls Inc., ...

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Teacher with prior felony loses appeal (access required)

A Fairfax special education teacher has lost her challenge to her 2014 dismissal for a felony conviction she disclosed prior to her hire in 2006, in a decision issued on Dec. 17 by the Supreme Court of Virginia. In 1992, ...

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