The Supreme Court of Virginia will hear the appeal of a woman who contends that a judge in Richmond erred in holding that the continuous treatment rule did not toll the statute of limitations in a medical malpractice case. The case is Alyssa Chalifoux v. Radiology Associates of Richmond Inc., Record No. 100052. The Supreme [...]
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Posted in Civil Cases on Apr 16th, 2010
A Henrico County judge has approved a $1.75-million settlement in the controversial case involving the death of a teenage girl during a visit with a friend. The money comes from the homeowners’ insurance carrier for parents of the victim’s friend. The parents were hosting a sleepover visit when they allowed the two girls to ride [...]
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Today’s crop of 18 opinions from the Supreme Court of Virginia brings additional evidence that lawyers still struggle to follow the rules about proper parties in civil actions. In Johnson v. Hart, the beneficiary of a will was dissatisfied with the work of the attorney who served as executor of the will. When she sued [...]
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When arriving at an equitable distribution of a couple’s property, it’s only logical to start with the presumption that assets and debts acquired or incurred during the marriage are marital rather than individual, right? Logical perhaps, but the Supreme Court of Virginia says today that Virginia Code § 20-107.3 creates the presumption that assets are [...]
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For those of you who suspect that the Supreme Court of Virginia has never seen an easement dispute that it didn’t think merited its attention, we have three more examples today. One, Hafner v. Hansen, involves what seems to be the court’s all-time favorite topic, an easement by prescription, or what a property owner hoped [...]
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The Supreme Court of Virginia split 4-3 today on the issue of just what constitutes a cemetery. In a case from Rockingham County, the lower court and the Supreme Court majority held that a site can’t be a cemetery without the burial of a dead body. The circumstances in Shilling v. Baker suggest that’s much [...]
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Posted in Justices on Apr 9th, 2010
(AP Photo/Richmond Times Dispatch, Bob Brown) William C. Mims was formally invested today as the 100th person to serve as a justice of the Supreme Court of Virginia. “Just as they have all the other times I’ve appeared before the court, my hands continue to shake,” Mims told a packed courtroom just after his wife [...]
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