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 ...Read More »
Tag Archives: Justice Donald W. LemonsFeed Subscription
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 ...Read More »
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 ...
Tagged with: 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 DeathRead More »
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 ...Read More »
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 ...Read More »
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 ...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 »
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. ...Read More »