Disclaimer Needed, But Not Client Consent

‘Appeal Bond’ Not Good Notice to County

By Deborah Elkins
Published: March 13, 2013
Tags: Justice LeRoy F. Millette Jr., Municipal, Supreme Court of Virginia

The Supreme Court of Virginia reverses a judgment that would have allowed 13 retired county employees to collect additional retirement benefits they argued they were owed because of a miscalculation by a county employee prior to their retirements; the retirees’ documents entitled “Appeal Bond” did not satisfy the Va. Code § 15.2-1246 requirement for written [...]

No Pay-Backs for Developer’s Proffers

By Deborah Elkins
Published: March 13, 2013
Tags: Justice Elizabeth A. McClanahan, Real Estate, Supreme Court of Virginia

Although a trial court said a real estate developer did not have to pay an extra $4,000 per subdivision unit as part of its “proffer” under the prior owner’s agreement with the county, the developer was not entitled to restitution for payments it made, which fall under the “voluntary payment” doctrine; the Supreme Court of [...]

Permit Denial Upheld for Waterside Bars

By Deborah Elkins
Published: March 13, 2013
Tags: Justice Cynthia D. Kinser, Supreme Court of Virginia, Zoning

Two bars that operated in Norfolk’s Waterside Festival Marketplace lose their challenge to the city council’s revocation of a blanket special exception and denial of their individual applications to continue their operations; the Supreme Court of Virginia affirms judgment for the city, holding that the bars did not have vested rights and were not denied [...]

Phone Call Did Not Violate Ethics Rule

By Deborah Elkins
Published: March 13, 2013
Tags: Attorneys, Justice William C. Mims, Supreme Court of Virginia

A lawyer defending a med-mal case did not violate Rule 4.2 of the Virginia Rules of Professional Conduct when she failed to immediately hang up on the plaintiff who began telling the lawyer the case was taking an emotional toll on the family and they wanted to settle; a unanimous Supreme Court of Virginia reverses [...]

No Dec Action on Texas Hold ‘Em Poker

By Deborah Elkins
Published: March 13, 2013
Tags: Criminal, Justice S. Bernard Goodwyn, Supreme Court of Virginia

A trial court did not have jurisdiction to consider this action filed by the operator of the Poker Palace to declare that Texas Hold ‘Em Poker is not illegal gambling under Va. Code § 18.2-325, and the Supreme Court of Virginia vacates the trial court’s judgment and dismisses the bingo operator’s declaratory judgment action; however, [...]

‘Slayer’ Rule Not Barred by Insanity Defense

By Deborah Elkins
Published: March 13, 2013
Tags: Insurance, Justice Donald W. Lemons, Supreme Court of Virginia

A man with a history of mental illness who was found not guilty by reason of insanity for the murder of his mother is a “slayer” under Va. Code § 55-401 and is barred from recovering from her estate; the Supreme Court of Virginia affirms judgment for the slayer’s brothers who are beneficiaries of the [...]

Sealing Exhibits in Criminal Case Was Error

By Deborah Elkins
Published: March 11, 2013
Tags: Civil Rights, Justice William C. Mims, Supreme Court of Virginia

Sealing exhibits from a court file of a woman’s prosecution for the felony child neglect and second-degree murder of her two children violated constitutional and statutory provisions establishing a presumption of open court records, and the Supreme Court of Virginia vacates the court’s sealing order. Although the order to seal the court records has expired, [...]

Court Reverses Land Sale Order

By Deborah Elkins
Published: March 7, 2013
Tags: Contract, Justice Donald W. Lemons, Supreme Court of Virginia

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 the order to sell the church’s entire 22-acre parcel to satisfy the liens, as the [...]

No Admonition for Divorce Conflicts Issue

By Deborah Elkins
Published: March 5, 2013
Tags: Attorneys, Justice LeRoy F. Millette Jr., Supreme Court of Virginia

A lawyer who was representing a husband in a divorce case did not violate ethics rules when he did not withdraw from the case after learning his law partner had a conversation with wife about representing her but declined to take the case when he heard the name of husband’s lawyer; the Supreme Court of [...]