The latest news and cases from the Supreme Court of Virginia
">Court reinstates cases for plaintiffs Posted in Unpublished Orders on Dec 29th, 2010
The Supreme Court of Virginia issued unpublished orders today in two areas of the law that it has had frequent occasion to visit – statutory employees and inadequate damages. Both orders reversed judgments that had been entered for defendants in personal injury actions.
The statutory employee case involved a fall from a catwalk by Gary Lee [...]
">VTLA, Hispanic Bar announce Supreme Court endorsements Posted in Justices on Dec 23rd, 2010
Two more bar groups – the Virginia Trial Lawyers Association and Hispanic Bar Association of Virginia – have completed their evaluations of candidates for the Supreme Court of Virginia vacancy to be created by the retirement of Justice Lawrence L. Koontz Jr.
The VTLA found appellate specialists L. Steven Emmert of Virginia Beach and Monica Taylor [...]
">Court grants writ in $272,096 sanctions case Posted in Writs Granted on Dec 23rd, 2010
The Supreme Court of Virginia will review $272,096 in sanctions levied by Fairfax Circuit Judge Jonathan C. Thacher, who concluded that a suit over a real estate commission was filed “out of a vindictive and malevolent desire to injure and intimidate a business competitor.”
Thacher awarded the sanctions under Virginia Code § 8.01.271.1 against both the [...]
">Litigant gave up too quickly, court holds Posted in Unpublished Orders on Dec 22nd, 2010
A party in a contract dispute was mistaken in concluding that the judge’s ruling on the effect of an answer to a complaint went further than it did, the Supreme Court of Virginia ruled on Dec. 17 in an unpublished order.
Because of the answer acknowledging an oral agreement by Winter C. Cullen III to have [...]
">Nursing home gets writ in contract case Posted in Writs Granted on Dec 16th, 2010
An appeal of a case we reported in August involving a nursing home contract is among the first group of cases to get a writ after the Supreme Court of Virginia’s writ panel session on Dec. 7.
In Inova Health Systems Services Inc. v. Susan Bainbridge, Record No. 101886, a nursing home contended that the woman [...]
">Court halts local government hearings Posted in Unpublished Orders on Dec 15th, 2010
Acting with uncommon speed, the Supreme Court of Virginia this month ordered a halt to two planned local government hearings in Prince William County.
The unusual order, staying appeals to the county board of zoning appeals and board of supervisors, comes amid a dispute over a $230-million contract to provide health care services to U.S. [...]
">Delegates probe for judicial philosophy Posted in Uncategorized on Dec 14th, 2010
Delegates David B. Albo and Bill Janis tried to explore the judicial philosophy of Court of Appeals Judge Elizabeth A. McClanahan, but McClanahan deflected the effort and did so in a way that left the delegates looking sheepish for making the attempt.
McClanahan was one of 57 judges up for reappointment who appeared Dec. 10 before [...]
">Supreme Court affirms grant of summary judgment Posted in Civil Cases, Unpublished Orders, Writs Granted on Dec 11th, 2010
You can win a case on summary judgment and have the Supreme Court of Virginia affirm your victory after all.
The high court apparently wasn’t anxious to publicize its decision, however, because it came down yesterday in an unpublished order in Smith v. Jones, Record No. 091967.
The case stemmed from the purchase by Jones of a [...]
">Supreme Court scorecard Posted in Justices on Dec 6th, 2010
Baseball may be the classic game of statistics, but blogging lawyer Jay O’Keeffe suggests stats about appellate law can be a pastime of equal interest for attorneys.
O’Keeffe has started keeping score on decisions of the Supreme Court of Virginia. In a recent post, he lays out the numbers for the term that ended last month. [...]
">Leaving well enough alone Posted in Unpublished Orders on Dec 4th, 2010
Once you’ve been granted a writ from the Supreme Court, don’t change the wording of the assignments of error in your next round of briefing. That’s the clear message from the high court, which dismissed four of five assignments in an appeal because a lawyer tried to reword them.
It’s hard to make but so [...]