Fraudulent Conveyance Claims Advance

Scenes from the VTLA

By Peter Vieth
Published: April 9, 2012
Tags: Judge Jerrauld C. Jones, Judge Leslie M. Alden, Justice LeRoy F. Millette Jr., Practice Tips, Social Media, Virginia Trial Lawyers Association

With 12 hours of continuing legal education from leaders of the bar, the court and the legislature, good advice was in plentiful supply at the annual convention of the Virginia Trial Lawyers Association at The Greenbrier last month. Some samples: About Facebook “Never, ever, ever, ever tell your client to delete anything,” said Malcolm P. [...]

Wrong Test Used in Tuition Case

By Deborah Elkins
Published: March 7, 2012
Tags: Administrative, Justice LeRoy F. Millette Jr., Supreme Court of Virginia

A native of China who moved to the U.S. in 2007 to attend high school, and to Virginia in 2009 to attend Virginia Commonwealth University, is not entitled to pay in-state tuition rates and the Supreme Court of Virginia reverses the trial court’s contrary decision. We apply a de novo standard of review. After reviewing [...]

City Can’t Tax Bank for RRHA Property

By Deborah Elkins
Published: March 7, 2012
Tags: Justice LeRoy F. Millette Jr., Supreme Court of Virginia, Taxation

A municipal corporation does not have the authority to tax a bank as a non-exempt entity for the interest owned by a housing authority – an exempt entity – in property owned by the bank and the housing authority as tenants in common, and the Supreme Court of Virginia upholds a trial court decision for [...]

UVa Not ‘Person’ for Civil Subpoenas

By Deborah Elkins
Published: March 7, 2012
Tags: Administrative, Justice LeRoy F. Millette Jr., Supreme Court of Virginia

The University of Virginia is not a “person” under the Virginia Fraud Against Taxpayers Act, contrary to the circuit court’s reasoning in its decision to set aside the Attorney General’s Civil Investigative Demands for information related to a UVa climate scientist’s use of research grants; but the Supreme Court of Virginia affirms the decision setting [...]

County Agency Has Partial Immunity

By Deborah Elkins
Published: January 18, 2012
Tags: Contract, Justice LeRoy F. Millette Jr., Supreme Court of Virginia

A company hired to develop an independent-living facility as part of Chesterfield County’s Lucy Corr Village, operated by the county’s Health Center Commission (HCC), loses its suit to collect additional payments for its work because its notice of claim was not timely under the Virginia Public Procurement Act, and defendant has immunity from claims for [...]

No Recusal for Capital Resentencing

By Deborah Elkins
Published: January 18, 2012
Tags: Criminal, Justice LeRoy F. Millette Jr., Supreme Court of Virginia

The Supreme Court of Virginia affirms two death sentences for Alfredo Prieto for the 1988 capital murder of a young couple, on jury findings of future dangerousness and vileness, after a new penalty phase ordered by this court. Among other appellate claims, Prieto argues the trial judge who presided over the trial and first sentencing [...]

Appeal examines lawyer testimony against client

By Peter Vieth
Published: December 7, 2011
Tags: Criminal, Judge C. Peter Tench, Justice LeRoy F. Millette Jr., Newport News Circuit Court, Supreme Court of Virginia News, Virginia Court of Appeals News

A Virginia Supreme Court panel is considering whether to allow an appeal in a case where a Newport News man was convicted of a shooting based largely on the testimony of his former defense attorney. If interest by a justice at a writ panel hearing is any indication, Mario Turner should get a hearing by [...]

SCC Not Subject to Virginia FOIA

By Deborah Elkins
Published: November 10, 2011
Tags: Administrative, Justice LeRoy F. Millette Jr., Supreme Court of Virginia

The State Corporation Commission is not subject to the Virginia Freedom of Information Act, the Supreme Court of Virginia holds in this case of first impression. Appellant submitted two letters to the clerk’s office of the SCC requesting information pursuant to Va. Code § 2.2-3700, et seq. For the period of 2008, appellant requested a [...]

Med-mal case dismissed, out-of-state lawyer at fault

By Peter Vieth
Published: November 10, 2011
Tags: Justice Cynthia D. Kinser, Justice Donald W. Lemons, Justice LeRoy F. Millette Jr., Justice S. Bernard Goodwyn, Justice William C. Mims, Medical Malpractice, Supreme Court of Virginia News

Missteps by a Missouri lawyer cost a Virginia medical malpractice plaintiff the chance to prove her claim against a Richmond hospital in a case decided this month by the Supreme Court of Virginia. The court offered no remedy for the patient whose lawsuit was dismissed because her out-of-state lawyer was derelict in disclosures about experts [...]