A woman may petition for expungement of a marijuana possession charge because that charge was “otherwise dismissed” under Va. Code § 19.2-392.2(A)(2) when the commonwealth amended the charge to reckless driving, and the Supreme Court of Virginia reverses the circuit ...Read More »
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Because a plaintiff who was diagnosed in 1988 with asbestosis and filed a personal injury suit in 1990, that was voluntarily dismissed in 2010, his widow is barred from filing a 2010 wrongful death suit based on his 2008 diagnosis ...Read More »
Lawyer-blogger Horace Hunter faced the Supreme Court of Virginia Jan. 8 in the appeal of his disciplinary case, and he said anything he wrote about his clients’ cases is absolutely protected by the First Amendment. First Amendment scholar Rodney Smolla ...Read More »
Call it a finger on the scale of justice. The law sometimes gives an advantage to one side in a lawsuit, allowing a legal “presumption” about some key fact in the case. Presumptions can be overcome, but how much weight ...
Tagged with: Alexandria Circuit Court Justice Cleo E. Powell Justice Cynthia D. Kinser Justice Donald W. Lemons Justice Elizabeth A. McClanahan Justice LeRoy F. Millette Jr. Justice S. Bernard Goodwyn Justice William C. Mims Supreme Court of Virginia News Wills & TrustsRead More »
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 ...
Tagged with: Employment Federal Courts Judge James C. Turk Justice Cleo E. Powell Justice Cynthia D. Kinser Justice Donald W. Lemons Justice Elizabeth A. McClanahan Justice LeRoy F. Millette Jr. Justice S. Bernard Goodwyn Justice William C. Mims Supreme Court of Virginia NewsRead More »
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, ...Read More »
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 ...Read More »
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 ...Read More »
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 ...Read More »
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 ...Read More »