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‘A new standard of liability’ in Virginia? (access required)

By Peter Vieth
Published: November 9, 2012
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The Supreme Court of Virginia has opened the door to claims against individual supervisors who take part in the unlawful firing of an employee. The Nov. 1 decision in VanBuren v. Grubb (VLW 012-6-143), decided 4-3, is a victory for a nurse who claimed she was groped, propositioned and then fired by an orthopedic surgeon [...]

Husband’s Elective Share Increased (access required)

By Deborah Elkins
Published: September 24, 2012
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In a son’s action to determine father’s elective share under Va. Code § 64.1-16.2(D), the Supreme Court of Virginia reverses the circuit court decision excluding from wife’s augmented estate $41,750 in funds husband gave her that she gave to son, and charging husband with more than half of a joint debt of $50,000 used in [...]

High court debuts judicial mentorship program (access required)

By Peter Vieth
Published: July 16, 2012
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If you’ve ever been isolated in a new job, wondering who to turn to for answers to simple questions as you learned the ropes, you can appreciate the plight of a rural judge who has just donned the robe. Miles from other judges in the  circuit or district, the new judge ponders who to call [...]

NoVa wants more say on court study panel (access required)

By Peter Vieth
Published: June 22, 2012
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Northern Virginia lawyers and legislators are pushing for more representatives from their region on the committee that will oversee a study of how judges should be allocated in Virginia. The Fairfax Bar Association and 31 General Assembly members have sent separate letters to Chief Justice Cynthia D. Kinser asking her to appoint additional members from [...]

Van-fire plaintiff can cite other fires (access required)

By Deborah Elkins
Published: June 14, 2012
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A Waynesboro family can use evidence of other fires in Ford Windstar minivans to sue Ford Motor Company for the wrongful death of their three-year-old daughter after their minivan caught fire in their driveway. Earlier, an Albemarle County Circuit Court said the family could not use evidence of other van fires they alleged had put [...]

City’s Tax Assessment Reinstated (access required)

By Deborah Elkins
Published: June 13, 2012
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An affordable housing development on eight non-contiguous parcels should have been assessed as separate tax parcels, despite restrictions on its use for affordable housing, and the Supreme Court of Virginia reverses judgment for the development owner correcting an erroneous tax assessment and reinstates the city’s tax assessment. Appellee Jackson Ward Partners LP operated an affordable [...]

New zoning cases ‘reconcilable,’ land use lawyer says (access required)

By Virginia Lawyers Weekly
Published: May 7, 2012
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The Supreme Court of Virginia’s recent resolution of a zoning case by unpublished order has caused confusion both on the high court and among observers, where none is warranted. In its unpublished order in Town of Occoquan v. Elm Street Development, Inc. (VLW 012-6-062), the high court upheld a decision in favor of a developer [...]

Hopewell patches together bench following judge’s stepping aside (access required)

By Peter Vieth
Published: May 4, 2012
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The move last month by retired Hopewell General District Judge Kenneth W. Nye to step aside temporarily from hearing cases has brought a wave of local lawyers to the bench as substitute judges. Nye relinquished the bench April 23 in the wake of a letter from Hopewell Commonwealth’s Attorney Richard K. Newman detailing complaints about [...]

A tale of two cases: Land use lawyers scrutinize permits (access required)

By Deborah Elkins
Published: April 16, 2012
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A developer that wants to build in the historic town of Occoquan got a green light from the Supreme Court of Virginia earlier this month, in a case that raises questions about the role of “Special Use Permits” in regulating development. Although the high court’s order in the Occoquan case is unpublished, a concurrence by [...]

‘Actual Notice’ Unnecessary for Default (access required)

By Deborah Elkins
Published: March 7, 2012
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A trial court did not abuse its discretion in refusing to set aside a laundry service’s default judgment against a hospital company that could not account for its failure to respond to proper service of process on the Secretary of the Commonwealth; a trial court is not required to find “actual notice” to a defendant [...]

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