Burglary Partially Complete Before Firearm Use 
By Deborah Elkins
Published: March 9, 2011
Tags: Criminal, Justice S. Bernard Goodwyn, Supreme Court of Virginia
A defendant already had gained entry to a restaurant when a restaurant employee saw him and recognized him as a customer, before seeing the gun defendant was pointing at the two employees prior to demanding money from the cash register and leaving through the back door, and the Supreme Court of Virginia says defendant cannot [...]
Borrowers Get Damage After Default Judgment
By Deborah Elkins
Published: March 9, 2011
Tags: Civil Procedure, Justice S. Bernard Goodwyn, Supreme Court of Virginia
A lender that allegedly falsified borrowers’ signatures on a note that revised the terms of their mortgage loan cannot set aside a default judgment, the Supreme Court of Virginia says, as the lender had nearly a month to retain counsel and have a representative appear at a court hearing; the award of $69,463.16 in compensatory [...]
Recusal can be a touchy moment for a lawyer
By Alan Cooper
Published: February 28, 2011
Tags: Colonial Heights Circuit Court, Fairfax County Circuit Court, General District Courts, Henrico County Circuit Court, Judge Jane Marum Roush, Judge Lee A. Harris Jr., Judge Timothy J. Hauler, Judge William N. Alexander II, Justice Elizabeth B. Lacy, Justice S. Bernard Goodwyn, Supreme Court of Virginia News, Virginia Court of Appeals News
It can be a ticklish and touchy moment for a lawyer: the judge in a case has a conflict and needs to pass the file to a colleague. But whether, and how, to ask a judge to recuse herself can be a major source of heartburn. As it turns out, judges are much more likely [...]
‘Horseplay’ Rule Survives in Comp Cases
By Deborah Elkins
Published: January 19, 2011
Tags: Justice S. Bernard Goodwyn, Supreme Court of Virginia, Workers' Comp
A restaurant employee who dislocated his shoulder when he raised his arm to ward off ice thrown by co-workers gets another chance for comp benefits, as the Supreme Court of Virginia says it did not “scuttle” the horseplay rule in a case decided in 2008. In cases surveyed by this court, for over 90 years, [...]
GMU Gun Regulation Is Constitutional
By Deborah Elkins
Published: January 19, 2011
Tags: Civil Rights, Justice S. Bernard Goodwyn, Supreme Court of Virginia
A regulation that prohibits carrying a firearm in George Mason University’s academic buildings, administrative offices, student residences and dining facilities, or while attending sporting, entertainment and educational events, does not violate the Constitution of Virginia or the U.S. Constitution, the Supreme Court of Virginia says. The circuit court held that sovereign immunity barred a declaratory [...]
Taxation – Commercial Property – ‘Universality’ Rule – Transportation Improvements
By Deborah Elkins
Published: November 11, 2010
Tags: Justice S. Bernard Goodwyn, Supreme Court of Virginia News, Taxation
The owners of commercially zoned real estate in Fairfax County lose their constitutional challenge to tax assessments under Va. Code §§ 58.1-3221.3 and 33.1-435, as the Supreme Court of Virginia says the property owners have failed to meet their burden to prove that no reasonable basis for the statutes’ tax classifications can be conceived; the [...]
Real Estate – Tax Assessment – FMV – Golf Club
By Deborah Elkins
Published: September 21, 2010
Tags: Justice S. Bernard Goodwyn, Real Estate, Supreme Court of Virginia
Where opinions on the fair market value of the Keswick Club ranged from $2.9 million under the income approach used by the taxpayer’s expert, to over $12.7 million with the county assessor’s use of the cost approach, to $12.5 million by the county’s expert under the income approach, the Supreme Court upholds the circuit court’s [...]
Attorneys – Legal Malpractice – Late Transcripts – Ski Injury – Law Of The Case
By Deborah Elkins
Published: September 21, 2010
Tags: Attorneys, Justice S. Bernard Goodwyn, Supreme Court of Virginia
Wintergreen Resort cannot claim legal malpractice against a law firm that forfeited Wintergreen’s appeal of an $8.3 million verdict in a skier’s personal injury case when the firm did not timely file transcripts, the Supreme Court of Virginia says; the resort has no claim because trial counsel’s failure to object to jury instructions on negligence, [...]
No malpractice claim from late transcript
By Alan Cooper
Published: September 17, 2010
Tags: Justice S. Bernard Goodwyn, Law Firms, Legal Malpractice, Supreme Court of Virginia News
McGuireWoods LLP cannot be held liable for legal malpractice because it failed to timely file the transcript in an appeal of an $8.3 million verdict against the Wintergreen ski resort, the Supreme Court of Virginia ruled Sept. 16. The Supreme Court dismissed the original appeal in 2005 because of the failure to timely file the [...]
Criminal – Grand Larceny – Paint Return Scheme
By Deborah Elkins
Published: June 16, 2010
Tags: Criminal, Justice S. Bernard Goodwyn, Supreme Court of Virginia
A defendant who placed cans of paint in a shopping cart at a home improvement store and took them to the front of the store, where his accomplice attempted to obtain a $398 refund for the paint, which the parties had never purchased, can be convicted of grand larceny even though he never intended to [...]
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