Tort Claims Not Barred by Prior Contract Action 
By Deborah Elkins
Published: April 23, 2013
Tags: Civil Procedure, Justice Donald W. Lemons, Supreme Court of Virginia
In this long-running dispute between two coal companies, the trial court erred in applying the doctrine of res judicata to hold that an earlier contract action bars plaintiff’s later suit alleging tortious interference; applying the law of res judicata in effect in 1998, Supreme Court of Virginia reverses dismissal of the lawsuit. Over the last [...]
‘Slayer’ Rule Not Barred by Insanity Defense
By Deborah Elkins
Published: March 13, 2013
Tags: Insurance, Justice Donald W. Lemons, Supreme Court of Virginia
A man with a history of mental illness who was found not guilty by reason of insanity for the murder of his mother is a “slayer” under Va. Code § 55-401 and is barred from recovering from her estate; the Supreme Court of Virginia affirms judgment for the slayer’s brothers who are beneficiaries of the [...]
Court Reverses Land Sale Order
By Deborah Elkins
Published: March 7, 2013
Tags: Contract, Justice Donald W. Lemons, Supreme Court of Virginia
In this litigation to enforce multiple mechanic’s liens filed by the general contractor and subs on a $17 million church construction project, the Supreme Court of Virginia upholds the trial court’s decision on the enforceability of the liens, but reverses the order to sell the church’s entire 22-acre parcel to satisfy the liens, as the [...]
Failure-to-warn rule tightened in van case
By Peter Vieth
Published: January 17, 2013
Tags: Justice Cleo E. Powell, Justice Donald W. Lemons, Justice Elizabeth A. McClanahan, Justice LeRoy F. Millette Jr., Justice William C. Mims, Products Liability, Supreme Court of Virginia News, Virginia Association of Defense Attorneys, Wrongful Death
A change of heart by a single justice has brought an end to a short-lived “relaxed” standard for failure-to-warn claims under Virginia products liability law. After rehearing a products liability case, Virginia Supreme Court Justice LeRoy F. Millette Jr. switched his position on the standard for use of similar incidents in product failure cases, dashing [...]
No Mandamus for Deferred Sentence
By Deborah Elkins
Published: January 15, 2013
Tags: Criminal, Justice Donald W. Lemons, Supreme Court of Virginia
A chief deputy commonwealth’s attorney had standing to petition for mandamus to require a general district court judge to sentence a defendant who pleaded guilty to DUI within 21 days after its order, but the circuit court did not err in denying mandamus, the Virginia Supreme Court says. After defendant pleaded guilty to driving while [...]
Former Tech CEO Keeps $5.3M Award
By Deborah Elkins
Published: January 15, 2013
Tags: Contract, Justice Donald W. Lemons, Supreme Court of Virginia
The Supreme Court of Virginia upholds a $5.3 million jury award to the former CEO of a technology firm on his claims for breach of contract and unjust enrichment after he was moved aside when a major shareholder sought greater control of the board of directors; the trial court did not err in admitting expert [...]
‘One-minute phone call’ subject of ethics appeal
By Deborah Elkins
Published: January 11, 2013
Tags: Justice Donald W. Lemons, Justice William C. Mims, Lawyer Discipline, Supreme Court of Virginia News, Virginia State Bar
Imagine walking around in another person’s skin, in order to understand him. Atticus Finch gave that advice to his daughter Scout, and it may have been on the minds of Virginia’s Supreme Court justices when they heard a trio of lawyer discipline cases last week. When a Virginia State Bar complaint comes before the court, [...]
Getting to the jury on ‘capacity’ for will
By Peter Vieth
Published: November 14, 2012
Tags: 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 & Trusts
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 it takes, who gets to make the call, and what happens afterward have been open [...]
‘A new standard of liability’ in Virginia?
By Peter Vieth
Published: November 9, 2012
Tags: 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 News
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 [...]
No Double Credit for Two Sentences
By Deborah Elkins
Published: November 7, 2012
Tags: Criminal, Justice Donald W. Lemons, Supreme Court of Virginia
A defendant was not entitled to credit toward his Virginia sentence for the period he was detained in a Virginia jail awaiting trial, as a West Virginia prisoner receiving credit toward his West Virginia sentence, the Virginia Supreme Court holds. On Jan. 10, 2010, defendant was found guilty in Frederick County Circuit Court of three [...]
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