Posted in Uncategorized on Feb 24th, 2012
A construction worker injured during workplace “horseplay” was entitled to keep his $75,000 award against the construction company, the Supreme Court of Virginia said today. Donald Samuel filed his negligence action against C.W. Wright Construction Company in 2007 after the Workers’ Compensation Commission said the injuries to his neck and back did not “arise out [...]
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Posted in Civil Cases, Uncategorized on Feb 13th, 2012
The Supreme Court of Virginia has set its oral argument docket for the week of Feb. 27, including its rehearing of its Sept. 16 decision in AES Corp. v. Steadfast Ins. Co., which features an insurance claim based on global warming. In its earlier decision in AES, the high court said a Virginia energy company [...]
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Posted in Uncategorized on Feb 10th, 2012
Inches from a clean get-away. Maybe that’s what Beverly Hyde thought when she received suit papers some time after a five-mph rear-end collision. With little in the way of damage to the vehicles, the parties decided not to call police. The other party said he didn’t need to go to the hospital. Hyde had gone [...]
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The widow of a construction worker who died after a work-related accident gets another chance to sue for negligence after the Supreme Court of Virginia reversed a trial court decision applying the workers’ comp bar. Cecilia Rodriguez filed a wrongful death suit after her husband, Ubaldo Rodriguez, died from injuries he received on a commercial [...]
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Posted in Uncategorized on Dec 16th, 2011
It’s easy to lose track of the myriad ways Virginia federal and state courts have rejected homeowner challenges to foreclosures over the past year. A defaulting homeowner’s claim arising from a $1.7 million note on a home in Clifton went down in defeat today when the Supreme Court of Virginia upheld a Fairfax Circuit Court’s [...]
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A property owner who signed an “Asset and Authorization Card” to allow a contractor to remove storm-damaged trees was not bound by a written contract, the Supreme Court of Virginia says. In a Dec. 9 unpublished order in Hall & Wilson Construction Inc. v. Bowers, No. 101566, the high court upheld a Chesterfield County Circuit [...]
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Posted in Uncategorized, Writs Granted on Oct 27th, 2011
A lawyer who said he was defamed by allegations in a draft legal complaint will get a hearing from the Supreme Court of Virginia. Fairfax lawyer James M. Mansfield sued a Washington DC law firm and its client, saying he had been defamed by a description of him as “an unethical lawyer and a racist” [...]
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Posted in Uncategorized on Oct 26th, 2011
Pro se parties would not have remote access to court records in an electronically filed case under rule changes proposed by the Advisory Committee on Rules of Court of the Judicial Council of Virginia. Access still would be available, for pro se parties and the general public, at courthouse terminals. But the system that is [...]
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Posted in Uncategorized on Sep 22nd, 2011
Here’s a brief reminder on brief-writing, brought to you by the Supreme Court of Virginia. When you draft your opening brief, make sure you stay true to the wording of the assignments of error that won you the appeal. In fact, a lack of fidelity to your earlier formulation can mean a forfeiture of your [...]
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Posted in Uncategorized on Jun 20th, 2011
The Supreme Court of Virginia has agreed to hear a former Newport News circuit judge’s appeal of a $456,000 jury award in a defamation and contract case filed by her former colleague at the city’s drug court. Brenda Collins worked as administrator of the regional Hampton/Newport News Drug Court. She alleged that between 2001 and [...]
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