Supreme Court Of Virginia | Virginia Lawyers Weekly

Suit Refiled Before Nonsuit Still Timely

By Deborah Elkins
Published: May 1, 2012
Tags: Civil Procedure, Justice Donald W. Lemons, Supreme Court of Virginia

Although no nonsuit order had been entered in plaintiffs’ first p.i. action for damages from an auto accident when plaintiffs filed their second action, the delay in entering the nonsuit order did not mean plaintiffs missed the deadline for refiling after a nonsuit, and the Supreme Court of Virginia reverses the trial court order dismissing [...]

‘Mirror-Image’ Will Not Binding Contract

By Deborah Elkins
Published: May 1, 2012
Tags: Justice Cleo E. Powell, Supreme Court of Virginia, Wills & Trusts

A couple’s reciprocal wills providing each testator left the entire estate to the surviving spouse and each testator’s child from a previous marriage would get one-half the estate at the death of the surviving spouse, was not a binding contract and the widow was free to change her will and leave everything to her daughter, [...]

Parental Right ‘Interference’ is Va. Tort

By Deborah Elkins
Published: May 1, 2012
Tags: Justice LeRoy F. Millette Jr., Supreme Court of Virginia, Tort

A Virginia man whose biological child was adopted by a couple in Utah without his permission may sue the adoption agency, the Utah couple and the Virginia and Utah lawyers who brokered the adoption for tortious interference with parental rights; in this case of first impression, the Supreme Court of Virginia recognizes this claim as [...]

Sub Can’t Sue as Third-Party Beneficiary

By Deborah Elkins
Published: May 1, 2012
Tags: Contract, Justice Cleo E. Powell, Supreme Court of Virginia

A sub-subcontractor who has not been paid for asbestos abatement during demolition of a facility owned by a Portsmouth housing authority cannot sue the developer on the project as a third-party beneficiary of the developer’s contract with the authority, and the Supreme Court of Virginia affirms dismissal of the suit.
A developer contracted with a contractor [...]

Defaulting Owners Seek Pre-Foreclosure Meeting

By Deborah Elkins
Published: April 30, 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 [...]

Jury Instruction Wrong on LLC Liability

By Deborah Elkins
Published: April 26, 2012
Tags: Corporate, Justice Cleo E. Powell, Supreme Court of Virginia

In an LLC’s suit as landlord of a medical office building for breach of a lease and damages and the tenant’s counterclaim alleging fraud, the trial court erred in instructing the jury that a limited liability company could not be liable for any fraudulent activity unless the fraud was approved by the members of the [...]

Partner of Plaintiff’s Expert Can Testify for Defense

By Deborah Elkins
Published: April 24, 2012
Tags: Justice William C. Mims, Negligence, Supreme Court of Virginia

A personal-injury plaintiff cannot exclude defense testimony from a doctor in the same practice group as the doctor initially named as plaintiff’s retained expert, because she cannot show they shared any confidential information from plaintiff’s medical records; also, plaintiff’s objection to the foundation for a “business records” exception allowing her medical records to come into [...]

‘Due Diligence’ is for Service, Not Expert

By Deborah Elkins
Published: March 9, 2012
Tags: Justice Lawrence L. Koontz Jr., Medical Malpractice, Supreme Court of Virginia

A medical malpractice plaintiff who failed to serve a defendant doctor within 12 months of filing suit can’t extend the time to serve him by showing that she used due diligence during that time period to search for an expert to support her claim, as required by Va. Code § 8.01-20.1, and the Virginia Supreme [...]

Per Se Defamation Damages Upheld

By Deborah Elkins
Published: March 7, 2012
Tags: Employment, Justice Elizabeth A. McClanahan, Supreme Court of Virginia

A former Newport News Circuit judge fails to overturn or reduce a jury award against her for defamation for telling newspaper reporters that a former court employee who accused the judge of sexual harassment had been “institutionalized,” in this decision from the Supreme Court of Virginia.
During the course of litigation, the defamation plaintiff settled with [...]

New Appeal Despite Late Transcripts

By Deborah Elkins
Published: March 7, 2012
Tags: Civil Procedure, Justice William C. Mims, Supreme Court of Virginia

A defendant who wanted to appeal her embezzlement conviction but filed her transcripts late in the Court of Appeals after some confusion about whether she was pro se or had counsel gets another chance to petition the Court of Appeals, as the Virginia Supreme Court says the intermediate appellate court erred in denying defendant’s motion [...]

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