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The latest from the SCoVA Blog

Yesterday, the Supreme Court of Virginia published 17 opinions. Virginia Lawyers Weekly subscribers can read our analysis of the following cases on The SCoVA Blog:

An invalid order, but no standing to challenge it

What happens when a judge without authority to hear an ex parte petition grants it anyway and no party has standing to object to it? You have what a concurring justice calls “a procedural Gordian knot.” The knot was tied when The Wall Street Journal attempted to enter the market to publish legal advertising in the state. Read more

Signature rule strictly construed

A lawsuit filed in Virginia must be signed, by the plaintiff in his own hand if he’s pro se, or by a Virginia-licensed lawyer, if the plaintiff has counsel. The Supreme Court of Virginia reinforced that rule in two decisions handed down today, both of them personal injury suits filed after automobile accidents. Read more

Lawyers two for two in high court

Family law practitioners will be reassured by the decision in Van Dam v. Gay. In that case, a wife who could not collect survivor’s benefits on her husband’s federal pensions also lost her legal malpractice appeal. Read more

Old lab report procedure invalid under Melendez, court holds

Following the U.S. Supreme Court’s holding in Melendez-Diaz, the Supreme Court of Virginia has acknowledged Virginia’s former procedure for admission of lab reports in criminal trials failed to safeguard a defendant’s rights under the Confrontation Clause. Read more

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