The Supreme Court of Virginia has upheld an award of attorneys’ fees and costs that was larger than the amount the property owner recovered in her inverse condemnation case. The court entered an order last week that there was no reversible error in City of Newport News v. Yoder, Record No. 110036. The contentiousness of [...]
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Posted in Writs Granted on Mar 7th, 2011
Attorney General Ken Cuccinelli’s effort to enforce civil investigative demands on the University of Virginia, petitions from four losing plaintiffs in medical malpractice cases and a noncompete dispute are among the first writs granted from the Supreme Court of Virginia’s session on Feb. 15. Cuccinelli is trying to get information about what he regards as [...]
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Posted in Civil Cases, Writs Granted on Feb 15th, 2011
Indemnification agreements in construction contracts and just what they mean for the parties and their insurers is challenging material for the best lawyer, so you folks who bothered to read and comprehend Uniwest Construction Inc. v. Amtech Elevator Services Inc. back in September should have a sense of satisfaction. Unfortunately, you’re going to have to [...]
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Posted in Writs Granted on Jan 18th, 2011
The Supreme Court of Virginia will review a $2.99 million judgment for the widow of a sailor who contended that he contracted mesothelioma while working as shipfitter on Navy tenders, where he routinely fabricated and removed asbestos packing and gaskets manufactured by John Crane Inc. The case is John Crane Inc. v. Margaret Diane Hardick, [...]
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Posted in Writs Granted on Jan 10th, 2011
The Supreme Court of Virginia will review a noncompete agreement in which the language in dispute limited application of the restriction to Fairfax County but barred the employee from competing “directly or indirectly or concern himself/herself in any manner whatsoever” in the pest control business. The employee had gone from one pest control company to [...]
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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 [...]
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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 [...]
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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 [...]
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Posted in Uncategorized, Writs Granted on Nov 7th, 2010
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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Posted in Writs Granted on Oct 26th, 2010
The Supreme Court of Virginia has granted appeals in two personal injury cases in which juries sided with defendants even though they admitted liability. In a case from Gloucester County, Cousins v. Food Lion LLC, Record No. 101570, a store employee couldn’t see over the merchandise on a six-wheel food cart and flattened a customer, [...]
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