Rebutted Presumption Does Not ‘Disappear’

One Pistol, Three Possession Convictions

By Deborah Elkins
Published: November 7, 2012
Tags: Criminal, Justice Cleo E. Powell, Supreme Court of Virginia

A defendant who stole a pistol, showed it to the person who picked him up after the burglary, displayed it and offered it for sale to another person several weeks later and then offered to sell it in a controlled buy arranged by a detective, can be convicted of three counts of possession of a [...]

Video Conference for SVP Upheld

By Deborah Elkins
Published: November 7, 2012
Tags: Criminal, Justice Lawrence L. Koontz Jr., Supreme Court of Virginia

Using a two-way video system to conduct the annual hearing to assess the need for secure inpatient treatment for a respondent previously determined to be a sexually violent predator did not violate his due process and statutory rights, and the Supreme Court of Virginia affirms the trial court judgment that respondent remains a sexually violent [...]

Nurse Has Bowman Claim Against Supervisor

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

A nurse employed by a medical center who alleged she was groped, sexually harassed then terminated, by a supervising physician who owned the medical center, has a common law wrongful discharge tort claim against the physician, the Supreme Court of Virginia says in response to a certified question. This court accepted a certified question from [...]

Utility Gets Rate Adjustment for Environmental Costs

By Deborah Elkins
Published: November 7, 2012
Tags: Administrative, Justice Elizabeth B. Lacy, Supreme Court of Virginia

Appellant utility company is entitled to a rate adjustment clause for recovery of actual costs it directly incurred for environmental compliance in 2009 and 2010, but did not recover through its base rates; the Supreme Court of Virginia reverses the State Corporation Commission’s denial of recovery of environmental compliance costs on the basis that those [...]

Exclusions Bar Homeowner Coverage for Chinese Drywall

By Deborah Elkins
Published: November 7, 2012
Tags: Insurance, Justice S. Bernard Goodwyn, Supreme Court of Virginia

A policyholder who sought homeowners’ insurance coverage for damages allegedly caused by drywall manufactured in China loses his suit in the Supreme Court of Virginia, as the court construes four exclusions, including “defective materials” and “pollutants” exclusions, to preclude coverage. A federal district court granted summary judgment to TravCo Insurance, the carrier, on the basis [...]

City Has Easement Over Beach, Must Pay Riparian Owner

By Deborah Elkins
Published: November 7, 2012
Tags: Justice Cleo E. Powell, Real Estate, Supreme Court of Virginia

A local ordinance authorized the city of Virginia Beach to bring a condemnation action against a condo association involving property used in a project to replenish Cape Henry Beach, and the Supreme Court of Virginia affirms the trial court decision granting the petition, as the city had acquired a recreational and maintenance easement; however, the [...]

SCC Order Under Utility Reg Act Upheld

By Deborah Elkins
Published: November 6, 2012
Tags: Administrative, Justice Lawrence L. Koontz Jr., Supreme Court of Virginia

In reviewing the State Corporation Commission’s 2011 biennial review of appellant power company’s performance during the 2009-2010 period, the Supreme Court of Virginia says the SCC did not err in determining that the utility’s authorized “fair rate of return on common equity” of 10.9 percent would apply to the entire 2011-2012 period in the next [...]

No Comp Bar for Navy Seaman’s Claim

By Deborah Elkins
Published: November 6, 2012
Tags: Justice Charles S. Russell, Supreme Court of Virginia, Workers' Comp

An enlisted seaman, who was part of a Navy crew to pre-commission a nuclear submarine built by defendant shipbuilding company and who allegedly contracted mesothelioma from asbestos exposure, is not barred by the Virginia Workers’ Compensation Act from pursuing a negligence action against the shipyard, the Supreme Court of Virginia says. The comp bar’s exclusivity [...]

UIM Carrier Retains Right to Defend

By Deborah Elkins
Published: November 6, 2012
Tags: Insurance, Justice LeRoy F. Millette Jr., Supreme Court of Virginia

An auto-accident plaintiff who won a $4 million summary judgment against a driver can’t extend that win to her own underinsurance motorist carrier, as the Supreme Court of Virginia says the UIM carrier is not bound by the summary judgment but retains its own right to defend in the event the interests of the UIM [...]