Short-Term Job Yields ‘Average Wage’ 
By Deborah Elkins
Published: May 15, 2012
Tags: Justice Charles S. Russell, Supreme Court of Virginia, Workers’ Comp
A man who worked regularly installing residential porch railings, but who accepted a short-term job to complete the roof and siding on an industrial building, will have his average weekly wage set at $48.08, based on the $2,500 pay rate for the short-term job; the Supreme Court of Virginia affirms a decision awarding death benefits [...]
School Official Faces Gross Negligence Claim
By Deborah Elkins
Published: May 1, 2012
Tags: Justice LeRoy F. Millette Jr., Negligence, Supreme Court of Virginia
An assistant principal who failed to act on a student’s warning about a fight at his high school enjoys sovereign immunity from a claim of negligence, but now faces a new trial on a claim of gross negligence; the Supreme Court of Virginia reverses the trial court’s $1.25 million judgment against the principal and remands [...]
County Immune in Park Injury Suit
By Deborah Elkins
Published: May 1, 2012
Tags: Justice William C. Mims, Negligence, Supreme Court of Virginia
A plaintiff who claims she was injured as a result of the county’s gross negligence in maintaining a public park cannot recover from the county; the Supreme Court of Virginia affirms dismissal of plaintiff’s claim, but says the court should have granted the county’s special plea of sovereign immunity.
The circuit court sustained the demurrer as [...]
Partnership Dissolved for Frustration of Purpose
By Deborah Elkins
Published: May 1, 2012
Tags: Justice Elizabeth B. Lacy, Partnerships, Supreme Court of Virginia
A brother and sister who were co-trustees and held interests in a real estate development partnership set up by their father have been unable for years to agree on trust matters, causing the trust to incur additional expenses because of these disagreements, and the Virginia Supreme Court upholds judicial dissolution of the partnership, based on [...]
‘Best Value’ Public Contract Challenged
By Deborah Elkins
Published: May 1, 2012
Tags: Contract, Justice Elizabeth A. McClanahan, Supreme Court of Virginia
A company that wanted to provide janitorial services to a public school system may sue the school board under the Virginia Public Procurement Act, Va. Code § 2.2-4300, in a complaint challenging the board’s application of a “best value” approach to awarding the contract in lieu of awarding the contract to the “lowest responsive and [...]
‘Pollution Exclusion’ Applies to Formula Loss
By Deborah Elkins
Published: May 1, 2012
Tags: Insurance, Justice S. Bernard Goodwyn, Supreme Court of Virginia
In this suit for insurance coverage for a multi-million dollar loss of plaintiff’s infant formula due to infiltration of filter elements into the formula during the manufacturing process, the Virginia Supreme Court upholds judgment for the carriers because the policies’ pollution exclusion endorsements do not limit the exclusion to traditional environmental or atmospheric contamination losses.
Plaintiff [...]
Lawyer Has Derivative Claim Against PC
By Deborah Elkins
Published: May 1, 2012
Tags: Corporate, Justice LeRoy F. Millette Jr., Supreme Court of Virginia
A lawyer in a two-member firm could sue the other shareholder and bring a derivative action on behalf of their professional corporation, after discovering the other shareholder was writing checks from the firm’s escrow account to his wife and children, and the Supreme Court of Virginia upholds a judgment for plaintiff lawyer giving her a [...]
Global Warming Harm Not Policy ‘Occurrence’
By Deborah Elkins
Published: May 1, 2012
Tags: Insurance, Justice S. Bernard Goodwyn, Supreme Court of Virginia
A civil complaint filed by a Native village on an Alaska barrier island alleging an energy company’s intentional release of emissions caused harmful effects from global warming did not allege an “occurrence” as that term is defined in the energy company’s CGL policies with Steadfast Insurance Company, and the Supreme Court of Virginia affirms a [...]
No Standing for Petition Committee
By Deborah Elkins
Published: May 1, 2012
Tags: Justice Elizabeth A. McClanahan, Supreme Court of Virginia, Zoning
A city charter provision that authorized plaintiffs to organize a petition drive for a referendum on a zoning ordinance that would allow development on part of Buckroe Beach did not give plaintiffs standing to later sue in circuit court to halt development that allegedly continued even after city council repealed the ordinance at issue, the [...]
Defaulting Owners Seek Pre-Foreclosure Meeting
By Deborah Elkins
Published: May 1, 2012
Tags: Justice William C. Mims, Real Estate, Supreme Court of Virginia
Although owners defaulted on their mortgage, the circuit court erred in regarding this as a material first breach that prevents them from suing to enforce a condition precedent in the note – a federal regulation requiring a lender to meet face-to-face with a borrower prior to commencing foreclosure – and the Supreme Court of Virginia [...]
VLW Verdicts & Settlements
Refine your search for VLW Verdict & Settlement Reports or send us your case results for publication. Database search feature available to VLW subscribers only - login required.
Log in to search the V & S Database
Submit a Verdicts & Settlements Report
 |
GET THE VLW DAILY ALERT
The Daily Alert from Virginia Lawyers Weekly brings you the latest legal news every morning in your e-mail. You’ll get headline news, a link to the day’s Top Opinion and more!
Click here to sign up for the Alert
STAY CONNECTED WITH VLW
Stay up-to-date with the latest news and information from Virginia Lawyers Weekly by subscribing to our RSS feeds and visiting our social media pages.
