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Tag Archives: Supreme Court of Virginia

Contract – Bridge Construction – Delay Claims – Written Notice To VDOT (access required)

In this appeal concerning performance of contractor AMEC Civil LLC’s contract with VDOT for the Route 58 Clarksville Bypass in Mecklenburg County, the Supreme Court holds VDOT was entitled to timely written notice of claim under Va. Code § 33.1-386(A), ...

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Insurance – Construction Fatality – Indemnification (access required)

In this case involving multiple insurance carriers involving a subcontractor’s duty to defend and indemnify a general contractor sued after a job site accident involving two employees of the elevator subcontractor, the Supreme Court of Virginia says a contract provision ...

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Attorneys – Legal Malpractice – Limitations – 1986 PSA (access required)

Although a wife did not realize damages from a 1985 property settlement agreement’s bare reference to her receipt of “survivor’s benefits from the husband’s retirement pay” until 2006 when she was denied survivor’s benefits from two federal pensions, her 2009 ...

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Criminal – Confrontation Clause – Certificates Of Analysis – DNA Expert – iiiMelendez-Diaziii (access required)

In this rape and robbery case remanded from the U.S. Supreme Court in light of Melendez-Diaz v. Massachusetts, the Supreme Court of Virginia says the commonwealth’s failure to call as witnesses two forensic scientists who played preliminary roles in the ...

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Criminal – Confrontation Clause – Certificates Of Analysis – Cocaine – Melendez-Diaz (access required)

In two consolidated cocaine cases remanded from the U.S. Supreme Court in light of Melendez-Diaz v. Massachusetts, the Supreme Court of Virginia says admission into evidence of certificates of analysis pursuant to former Va. Code §§ 19.2-187 and 187.1 violated ...

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Civil Procedure – Complaint – Lawyer Signature – No Virginia License (access required)

A Virginia lawyer may not validly authorize a lawyer licensed elsewhere, but not in Virginia, to sign the Virginia lawyer’s name to a pleading, and because the defect may not be cured by amendment, the Supreme Court upholds dismissal of ...

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Civil Procedure – Complaint – Pro Se Litigant – Lawyer Signature – No Virginia License (access required)

A pro se plaintiff attempting to litigate an auto-accident personal injury case cannot file a complaint signed with his signature, at his direction, by a lawyer licensed to practice in Washington, D.C., but not in Virginia, and the Supreme Court ...

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Attorneys – Legal Malpractice – Late Transcripts – Ski Injury – Law Of The Case (access required)

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 ...

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