The case of a Norfolk judge who refused to enforce an arbitration clause in a nursing home contract is among the more interesting of the first flush of petitions for appeal granted by the Supreme Court of Virginia after its writ panel session earlier this month. We look at the case, Medical Facilities of America [...]
Tag Archive 'Construction'
No, Justice William C. Mims was not announcing himself as a “strict constructionist.” He is, however, ready for some plain talk about the plain language of Virginia’s statute of repose, Virginia Code § 8.01-250. Builders depend on the statute of repose to cut off any chance for personal injury claims after five years. Mims, joined [...]
Although faulty eyewitness identification has been the basis for most of the convictions overturned by DNA evidence, it’s tough to get an appellate writ granted, much less have a conviction reversed, when the judge or jury believes the witness. So it was no surprise that Maurice James Ward’s challenge to a robbery victim’s identification of [...]
The Supreme Court of Virginia will get a chance to interpret Virginia Code Sec. 33.1-386, which requires a contractor to submit any claim for damages against the Virginia Department of Transportation “at the time of the occurrence or beginning of the work upon which the claim and subsequent action is based.” AMEC Civil LLC acknowledged [...]