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Monthly Archive for November, 2010

The Virginia Bar Association has recommended Virginia Court of Appeals Judges D. Arthur Kelsey and Elizabeth A. McClanahan and Circuit Judges Pamela S. Baskervill and Joseph W. Milam Jr. for the vacancy on the Supreme Court of Virginia that will be created next year by the retirement of Judge Lawrence L. Koontz Jr. The VBA [...]

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The Virginia Association of Defense Attorneys has endorsed three Virginia Court of Appeals judges, two circuit judges and a civil defense litigator as highly qualified for a seat on the Supreme Court of Virginia. The Court of Appeals judges are Randolph A. Beales, D. Arthur Kelsey and Elizabeth A. McClanahan. The circuit judges are Pamela [...]

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The Supreme Court of Virginia has agreed to review a ruling by the Virginia Court of Appeals that domestic relations lawyers say makes adoptions more difficult and acrimonious. The Court of Appeals panel said in Todd v. Copeland (VLW 010-7-083) in March that the U.S. Constitution and decisions from the U.S. and Virginia Supreme Courts [...]

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The Town of Leesburg can impose a 100 percent surcharge on water and sewer consumption rates to customers who live in Loudoun County, the Supreme Court of Virginia ruled yesterday. The ruling reversed the finding of Circuit Judge Thomas D. Horne that the amount of the surcharge was unreasonable, even under the extremely lenient “fairly [...]

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Although a nurse who assisted a now-deceased doctor in a difficult delivery might have had an interest in avoiding her own liability for the baby’s birth injuries, her testimony is not barred under the dead man’s statute because it failed to address the fundamental liability issue in the case, the Supreme Court of Virginia held [...]

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The Supreme Court of Virginia issued an unpublished order today in Nageotte v. Board of Supervisors of Stafford County, in addition to deciding 19 cases by opinion, 12 of them criminal decisions. A list of the cases and a summary of the holdings is here. Because you won’t find Nageotte there and may need only [...]

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Noting the right to a jury trial is “sacred” under the Virginia Constitution, the Supreme Court of Virginia has affirmed a $5-million jury verdict for a worker injured at a Portsmouth shipyard. The case now has produced two Virginia Supreme Court opinions sure to warm the hearts of the plaintiffs’ bar. The first, in 2008, [...]

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The Supreme Court of Virginia had three occasions today to consider the concept of reaching the right result for the wrong reason in criminal cases. It issued two opinions based on the issue, using one of them to provide a significant clarification of the concept, and heard arguments in a third case on which the [...]

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A wrongful death case dismissed due to three years of inactivity can be reinstated within a year without running afoul of the statute of limitations, the Supreme Court of Virginia ruled Thursday. The unanimous court reversed an Albemarle County judge who ruled the reinstatement came too late under the original statute of limitations, even when [...]

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Wellyn Flores Chan appears to be a good candidate to have an extraordinary writ granted on her behalf, but the Supreme Court of Virginia appeared to think yesterday that the writs she received may be a bit too extraordinary. Chan was born in the Philippines, but she has been in this country since age 2 [...]

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