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The SCoVA Blog

Family not required to show fate of missing will (access required)

When an original will cannot be located, those advocating for that will need not show what happened to the original, the Supreme Court said June 4. The court’s opinion in Edmonds v. Edmonds clarifies the rules that apply in cases ...

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‘Preponderance’ standard fits for consumer suits (access required)

Plaintiffs suing under the Virginia Consumer Protection Act need only meet a “preponderance of the evidence” standard, which may allow more plaintiffs to collect treble damages under the VCPA. On June 4, the Supreme Court of Virginia reversed a jury ...

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Jury can hear work history to decide future lost wages (access required)

A jury considering a worker’s claim for future lost income in a court battle with a former employer could hear evidence about the worker’s prior work history and job performance, the Supreme Court ruled Thursday. In another win for the ...

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Parent can sue school system for defamation (access required)

A mother whose first-grade daughter died at school from an allergic reaction to a peanut can sue the school system for allegedly defaming the mother by trying to shift blame to her for the child’s death, a unanimous Virginia Supreme ...

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Court hears judge-or-jury ‘bad faith’ case (access required)

A former legislator and a constitutional scholar squared off June 2 in the Supreme Court of Virginia on whether a judge or jury can decide an insurer bad faith claim under Virginia Code § 38.2-209. It wasn’t just the lawyers for the parties ...

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Justices deny rehearing in major product liability case (access required)

The Supreme Court of Virginia has denied rehearing of its decision to overturn a $14.14 million verdict for a Pulaski County man who blamed an alleged air bag defect for his car crash injuries. On Jan. 8, the court ruled ...

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Court allows condemnation jury to hear early appraisal (access required)

A unanimous Supreme Court of Virginia says the state highway department cannot block evidence of an early, high-dollar appraisal when it asks a jury to put a value on land taken for a road project. The court rejected the state’s ...

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Virginia court can’t enforce Yelp subpoena (access required)

A Virginia carpet-cleaning business could not go through a Virginia circuit court to compel Yelp to identify “John Doe” posters who allegedly defamed the business on the consumer review website, the Supreme Court of Virginia has ruled. The court as ...

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Defendant wins ‘prevailing party’ fees in split decision (access required)

A defendant who won a suit alleging breach of a shareholder agreement was entitled to attorney’s fees under a provision that allowed fees to a party who hired a lawyer “to enforce” the agreement, the Supreme Court of Virginia said ...

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