Important opinions published in Virginia Lawyers Weekly

This special section contains summaries of important opinions published in Virginia Lawyers Weekly during the second half of 2025.

The Important Opinions of the Week that appear on Virginia Lawyers Weekly’s front page are selected from decisions issued and received the previous week. Summaries include rulings from the Virginia’s trial and appellate courts.

The complete Virginia Lawyers Weekly digest of any brief summaries contained here can be found by searching VLW’s archives at valawyersweekly.com.

Virginia Lawyers Weekly relies on individual judges and attorneys to inform the paper of trial court rulings of interest. Please consider submitting rulings regardless of whether it seems like a significant case. Upon request, the names of the attorneys of record in the case will be included in the summaries.

To submit a trial court decision, please mail it to: Jason Boleman c/o Virginia Lawyers Weekly, 14321 Winter Breeze Drive, Suite 204, Midlothian, VA 23113, or email decisions to [email protected].

Antitrust

Where plaintiffs showed that their federal and state antitrust claims against Johnson & Johnson satisfied all requirements under Fed. R. Civ. P. 23, these proposed classes were certified. Carefirst of Maryland v. Johnson & Johnson, VLW 025-3-501. 44 pp.

Appeals

Where the Supreme Court of
Virginia amended its rules to allow a change in assignments of error in an opening brief from the ones contained in the preliminary designation, a party does not need leave of court to do so, but once the party files its principal brief, leave of court is required. Sisco v. Holtzman, VLW 025-7-186. 3 pp.

Where a man appealed from three orders that denied his motion for a nonsuit and held him in contempt for violating an order requiring him to relinquish possession of real property, but none of the appealed orders is a final order, the appeal was dismissed. Napier v. Cannon, VLW 025-7-333. 11 pp.

Arbitration

Where the union was required to submit a grievance over employee discipline within seven business days after the event, and the union’s grievance here was submitted 21 days after the employee’s discharge, the union did not satisfy the condition precedent to arbitration and its motion to compel arbitration was denied. United Food and Commercial Workers Union Local 400 v. CVC Capital Partners PLC, VLW 025-3-473. 7 pp.

Banks and Banking

Where the estate of a man who was swindled out of more than $3 million sued the two banks that he used to transfer his funds, but each of the estate’s claims failed as a matter of law, the suit was dismissed. Satterfield v. Wells Fargo Bank NA, VLW 025-2-315. 16 pp.

Civil Procedure

Where the district court properly considered and weighed the relevant factors in concluding that Australia was a more convenient forum for two related suits, its decision was affirmed. Tiber Creek Partners LLC v. Ellume USA LLC, VLW 025-2-268. 23 pp.

Commercial

Where a company sued its former business partner under federal and state trade secret laws, but its “trade secret” definition was implausible and it did not plead facts plausibly showing misappropriation, its trade secret claims were properly dismissed. Sysco Machinery Corporation v. DCS USA Corporation, VLW 025-2-254. 14 pp.

Where the State Corporation Commission’s decision denying a toll road owner’s request to significantly increase tolls was not contrary to the evidence or without evidentiary support, it was affirmed. Toll Road Investors Partnership II LP v. State Corporation Commission, VLW 025-6-020. 18 pp.

Where Amazon showed it paid more in lease and direct-purchase real estate transactions than it would have absent a kickback scheme, the district court wrongly dismissed its claims under the Racketeer Influenced and Corrupt Organizations Act, its claims of fraud, unjust enrichment and conversion, and part of its civil conspiracy claim. Amazon.com Inc. v. WDC Holdings LLC, VLW 025-2-370. 25 pp.

Constitutional

Where a railway trade association argued a Virginia law was preempted because it discriminates against railroads and because it unreasonably burdens rail transit in the aggregate, the district court erred when it held the association lacked standing. Association of American Railroads v. Hudson, VLW 025-2-270. 24 pp.

Where the Nansemond Indian Nation sued the Commonwealth of Virginia and state officials over Medicaid reimbursements, but each of the claims failed as a matter of law, the lawsuit was dismissed. Nansemond Indian Nation v. Commonwealth of Virginia, VLW 025-3-326. 67 pp.

Where a company that offers truck stop patrons the chance to play “skill games” argued the General Assembly’s amendment criminalizing such games violated the single-object rule, its argument was rejected. Sadler Brothers Oil Company v. Commonwealth of Virginia, VLW 025-7-219. 8 pp.

Where students sued after the Shenandoah County School Board reinstated the name “Stonewall Jackson High School,” claiming it was a violation of their First Amendment rights against compelled speech, the court entered judgment in the students’ favor. Virginia State Conference NAACP v. County School Board of Shenandoah County, VLW 025-3-364. 71 pp.

Where a television station sought video footage showing a police officer shooting another officer, the district court erred when it concluded that “there is no common law or First Amendment right of access to the video exhibits” and that the defendant established a compelling reason that outweighs any right of public access to these materials. The district court was ordered to unseal the videos. Gray Media Group Inc. v. Loveridge, VLW 025-2-371. 16 pp.

Where several individuals sought a declaration that they were members of a
Buddhist temple, but resolution of these claims on their merits would require entanglement in questions of religious faith and doctrine, the court could not resolve those claims. Wat Kampuchea Krom Inc. v. Pin, VLW 025-7-341. 12 pp.

Where Republican Party committees and a chairman alleged a provision of Virginia election law violates their First Amendment associational rights and 14th Amendment due process rights, but they failed to show any injury or that their claims were ripe, their suit was dismissed. 5th Congressional District Republican Committee v. O’Bannon, VLW 025-3-502. 28 pp.

Where certain enforcement provisions of the Virginia code – purporting to regulate nicotine vapor products that contain liquid nicotine – are preempted by federal law, the court entered an injunction enjoin the attorney general from enforcing those provisions. NOVA Distro Inc. v. Miyares, VLW 025-3-524. 57 pp.

Consumer Protection

Where the parties structured their agreement as one between two commercial entities, the Virginia Consumer Protection Act did not apply. Benkirane v. City Concrete Corp., VLW 025-7-196. 20 pp.

Where a customer alleged that she was deceptively induced into purchasing an unnecessary item from Lowe’s Home Center, but the undisputed evidence showed the class damages were significantly below the $5 million threshold under the Class Action Fairness Act of 2005, the suit was dismissed. Lovinfosse v. Lowe’s Home Centers, VLW 025-3-353. 8 pp.

Where the purchaser of a vehicle sued the company that performed an allegedly defective vehicle inspection that the plaintiff relied upon when he purchased the vehicle, the circuit court erred when it dismissed the Virginia Consumer Protection Act claim. Garvin v. LBAS Inc., VLW 025-7-297. 13 pp.

Contract

Where a genuine dispute of fact exists as to whether a company hired to maintain patents overcharged a medical device developer, the district court erred when it granted summary judgment to the patent consultant. Brainchild Surgical Devices LLC v. CPA Global Limited, VLW 025-2-249. 31 pp.

Where the trial court held a solar energy company was liable for damages resulting from its underperforming solar panel modules, the verdict was affirmed. Solaria Corporation v. Siemens Government Technologies Inc., VLW 025-7-264. 18 pp.

Criminal

Where the circuit court required the defendant to represent himself at trial, after multiple continuances, the withdrawal of his prior counsel and his new counsel’s inability to get up to speed, it erred. Kalif-El v. Commonwealth, VLW 025-7-198. 14 pp.

Where the defendant argued the government’s failure to produce a complete copy of the warrant and affidavit influenced him to plead guilty and that its error was thus material, the court disagreed. United States v. Milam, VLW 025-2-325. 19 pp.

Where the circuit court imposed six months of active incarceration on the defendant for a first technical violation of probation, that constituted an abuse of discretion because it violated the clear statutory limits in Code § 19.2-306.1(C). Matheson v. Commonwealth, VLW 025-7-305. 11 pp.

Where a defendant argued his trial counsel provided constitutionally inadequate counsel by not consulting with him prior to conceding the assault and kidnapping counts at trial, but the trial counsel maintained he consulted with the defendant, and the court found the trial counsel to be the more credible witness, the defendant’s motion to vacate his sentence was denied. United States v. Hashimi, VLW 025-3-528. 22 pp.

Damages

Where a jury awarded a man $8 million after finding he was prevented from obtaining life insurance at reasonable rates because of an underwriter’s negligence, but he failed to provide the jury with the information required to calculate the damages he suffered with reasonable certainty, his award was reduced to nominal damages of $1. Wiener v. AXA Equitable Life Insurance Company, VLW 025-2-359. 16 pp.

Where the district court issued a comprehensive written opinion setting forth detailed findings regarding the hours and rates at issue, and applied the correct legal standard, its decision awarding the plaintiffs $380,000 in attorney’s fees and $39,632 in costs was affirmed. Lee v. Agape Health Management Inc., VLW 025-2-428. 5 pp.

Domestic Relations

Where the circuit court awarded husband a lump sum award calculated as half the value of the couple’s combined ownership interests in the marital home, it erred. A premarital agreement explicitly foreclosed any award to husband based on wife’s separate ownership interest in the marital home, regardless of any contributions made by husband. Bethel v. Bethel, VLW 025-7-156. 10 pp.

Education

Where a former Ph.D. candidate at the University of Virginia moved to recuse the judge because she obtained a degree from the university, her motion was denied. There was no reasonable basis for questioning the judge’s impartiality based on her U.Va. connection. Kim v. The Rector and Visitors of the University of Virginia, VLW 025-3-408. 7 pp.

Employment

Where a reasonable jury could conclude that a company’s proffered innocent reasons for its adverse actions were pretexts, its motion for summary judgment was denied. Creekmore v. Truist Bank, VLW 025-3-264. 18 pp.

Where a Virginia State University professor alleged that she was treated differently and paid less than her male colleagues because of her sex, but the record showed otherwise, the university prevails on the claims. Robertson v. The Visitors of Virginia State University, VLW 025-3-319. 44 pp.

Where plaintiffs alleged they were the victims of reverse race discrimination twice failed to plead facts making their claims plausible, and their proposed class did not satisfy Rule 23, the suit was dismissed except for the failure-to-promote claim of one individual plaintiff. Bradley v. Gannett Co. Inc., VLW 025-3-360. 33 pp.

Where 19 states and the District of Columbia sued the federal government over its termination of probationary employees, but they could not show an injury-in-fact, their suit was dismissed for lack of standing. State of Maryland v. United States Department of Agriculture, VLW 025-2-363. 41 pp.

Where the applicant alleged his potential employer failed to provide him with notice prior to rescinding his job offer, his Fair Credit Reporting Act claim survived the company’s motion to dismiss. Doe v. Virginia Eagle Distributing Company LLC, VLW 025-3-382. 16 pp.

Where a city employee prevailed on his claim that Virginia Beach retaliated against him, and the record showed he was performing satisfactorily before the retaliatory actions led to his demotion, the court ordered him reinstated to his position. Banks v. City of Virginia Beach, VLW 025-3-424. 6 pp.

Where a hospital showed it would suffer an undue hardship if it granted a religious exemption from its requirement that an employee be vaccinated against COVID-19, it prevailed on her claim. Hall v. Sheppard Pratt Health System Inc., VLW 025-2-393. 14 pp.

Where three former employees of an automobile dealership claimed they were terminated in violation of the Sarbanes-Oxley Act but they failed to plead facts plausibly showing that they engaged in protected conduct under the statute, the dealership’s motion to dismiss was granted. Deel v.
Lithia Motors Inc., VLW 025-3-491. 8 pp.

Where the plaintiff failed to file suit within 90 days from the date his right-to-sue notice was uploaded to his case portal, his claims under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act were dismissed. Redwine v. The Rector and Visitors of the University of Virginia, VLW 025-3-489. 9 pp.

Where a retired professor with “Astronomer Emeritus” status was terminated two days after he sent an email raising concerns about allegedly discriminatory hiring policies, he plausibly alleged a claim for retaliation. Condon v. Associated Universities Inc., VLW 025-3-494. 8 pp.

Where a woman failed to show that her community college employer’s legitimate, nondiscriminatory reasons for selecting another candidate for a promotion were pretext for race and gender discrimination, the college prevailed on the failure-to-promote claim. Hood-Wilson v. Board of Trustees of the Community College of Baltimore County, VLW 025-2-443. 20 pp.

Environmental

Where the appellants did not own or occupy real property in close proximity to the challenged location, and failed to demonstrate a particularized harm, they lacked standing to challenge the zoning determination. Claunch v. Botetourt County Board of Supervisors, VLW 025-7-158. 16 pp.

Evidence

Where a company suing for trade libel based upon statements made about subjects in studies moved to compel the identities of the subjects, its motion was granted. Pecos River Talc LLC v. Emory, VLW 025-3-282. 24 pp.

Where Va. Code § 8.01-420.2 prevents admission of a telephone conversation unless all parties consent, this prohibition applied to a FaceTime audio-video recorded conversation. Hassan v. Takacs, VLW 025-7-301. 12 pp.

Where a company sued for antitrust violations argued two of the plaintiffs’ experts should be excluded from testifying at trial, the court narrowed the scope of their testimony. CareFirst of Maryland v. Johnson & Johnson, VLW 025-3-532. 34 pp. 

Freedom of Information

Where the CIA properly invoked two exemptions when it redacted portions of a document, its motion for summary judgment was granted. And because the agency satisfied its burden, there was no need for an in camera review. Driggs v. Central Intelligence Agency, VLW 025-3-321. 35 pp.

Where requesters sought video and audio recordings of a canine biting inmates, the circuit court erred in ordering their disclosure. Virginia Department of Corrections v. Insider Inc., VLW 025-7-308. 16 pp.

Immigration

Where the petitioner sought an order requiring the government to act on his claim for asylum, the government’s motion for summary judgment was granted on his unlawfully withheld and unreasonable delay claims. Belay v. Donis, VLW 025-3-315. 20 pp.

Where the petitioner was convicted of violating a Virginia statute providing that a person is guilty of larceny if he buys or receives from another person, or aids in concealing any stolen goods or other thing, knowing the same to have been stolen, the Board of Immigration Appeals did not err when it concluded that was a crime of moral turpitude that rendered the petitioner ineligible for cancelation of removal. Solis-Flores v. Bondi, VLW 025-2-412. 12 pp.

Insurance

Where a life insurance company mistakenly made duplicate $230,674.56 payments to a beneficiary, and the beneficiary refused to return the second (incorrect) payment, the company prevailed on its claims for unjust enrichment, conversion and money had and received. Massachusetts Mutual Life Insurance Company v. McCasland, VLW 025-3-476. 9 pp.

Jury and Jurors

Where a juror’s statements in response to the judge and counsel did not rise to the level of a “fixed opinion,” the trial court did not err in refusing to strike the juror for cause. Commonwealth v. Grant, VLW 025-7-228. 9 pp.

Where a juror affirmatively stated that “[i]t would be very hard” for her to fairly and impartially decide the case based on all the evidence and would be inclined to convict based on defendant’s prior convictions alone, and the voir dire in its entirety did not establish that she could set aside her fixed opinion, the trial court erred by seating her on the jury. Commonwealth v. Rodriguez, VLW 025-7-240. 27 pp.

Landlord and Tenant

Where a tenant argued her landlord was not allowed to give notice via certified mail, this argument failed. The Virginia Residential Landlord and Tenant Act does not prohibit notice via certified mail and the parties’ lease allowed it. Genders v. Rope Lane LLC, VLW 025-7-252. 14 pp.

Although the landlord failed to provide its tenant with the statement of rights and responsibilities within the time required by code § 55.1-1204, that did not render the lease invalid. Code § 55.1-1204(H) plainly states that a landlord’s failure to deliver the statement “shall not affect the validity of the agreement.” Jabeen v. Camden Development Inc., VLW 025-7-262. 12 pp.

Where a commercial landlord failed to plead facts, making it plausible that a tenant was in breach of a lease, its suit was dismissed. River Ridge Mall JV LLC v. Dick’s Sporting Goods Inc., VLW 025-3-462. 8 pp.

Maritime

After a tugboat crashed a barge into a Maryland bridge, causing millions of dollars of damage, it sought to limit its liability under the Exoneration and Limitation of Liability Act, which limits owner’s liability at the value of the vessel and its cargo. The state of Maryland’s sovereign immunity was not implicated when it filed a claim in the limitation action. In the matter of the complaint of Jackson Creek Marine LLC v. State of Maryland, VLW 025-2-358. 26 pp.

Negligence

Where the Commonwealth of Virginia sued contractors and subcontractors for negligence after the breach of a water pipe during excavation resulted in flooding, the circuit court erred in finding that the alleged harm sounds in contract. Commonwealth of Virginia v. Jones Lang LaSalle Americas Inc., VLW 025-7-190. 23 pp.

Where the plaintiff alleged the sheriff of Washington County was grossly negligent when he hired a deputy who later killed two people and kidnapped a young girl, this claim survived the sheriff’s motion to dismiss. Kastenbaum v. Andis, VLW 025-3-409. 28 pp.

Where a patient alleged the Salem Veteran Affairs Medical Center failed to timely diagnose him with a kidney disorder and failed to stop medications that may have worsened his condition, but his suit was filed more than two years after these claims accrued, they were barred by the statute of limitations. Smith v. United States, VLW 025-3-432. 13 pp.

Where a suit was brought for damage caused after a water main pipe was breached during construction, the circuit court wrongly sustained joint demurrers brought by contractors and subcontractors. Commonwealth v. Jones Lang LaSalle Americas Inc., VLW 025-7-316. 24 pp.

Where a father sued Boston College and other defendants after his son suffered a severe knee injury while playing collegiate football, his suit was dismissed. Cline v. Boston College Athletics, VLW 025-3-465. 6 pp.

Sanctions

Where the defendants engaged in a systematic and continuous pattern of noncompliance with multiple court orders, and they failed to engage properly in discovery proceedings, the district court properly entered a $366,523,000 monetary award in favor of the plaintiffs. Consumer Financial Protection Bureau v. Nexus Services Inc., VLW 025-2-380. 23 pp.

Where the defendants engaged in a systematic pattern of noncompliance with court orders, and failed to engage properly in discovery proceedings, the district court did not err in entering a monetary award in favor of the plaintiffs totaling $811 million. Consumer Financial Protection Bureau v. Nexus Services Inc., VLW 025-2-390. 23 pp.

Securities

Where the complaint failed to plead facts showing the challenged statements were actionable under federal securities laws, the lawsuit was dismissed. In re Indivior PLC Securities Litigation, VLW 025-3-320. 45 pp.

Search and Seizure

Where law enforcement obtained defendant’s information from Facebook’s parent company, because they believed he has coerced a child into traveling to Richmond to engage in prostitution, the defendant’s motion to suppress was denied. United States v. Ruffin, VLW 025-3-508. 11 pp.

Tort

Where a home security company used false and deceptive practices to induce a significant number of its competitor’s customers to switch services, the jury’s $189.7 million damages verdict was affirmed. CPI Security Systems Inc. v. Vivint Smart Home Inc., VLW 025-2-274. 27 pp.

Where the administrator for the estate of a service member who died by suicide while working abroad an aircraft carrier sued the federal government for his wrongful death, but the suit would require judicial inquiry into military matters, the claims were dismissed. Sandor v. United States, Case No. 4:24-cv-98, Aug. 15, 2025. EDVA at Newport News (Walker). VLW 025-3-333. 16 pp.

Where a former county employee sued two individuals who investigated her alleged conduct, which resulted in the filing of criminal charges for malicious prosecution, but the investigators were not the proximate cause of her seizure and prosecution, they were granted summary judgment. White v. Miyares, VLW 025-3-350. 40 pp.

Where a flight attendant reported she thought a 13-year-old passenger was being sexually trafficked, police found there was no probable cause to charge her father. The Supreme Court of Virginia was asked to determine the scope of the good-faith provision in the Virginia code. Cupp v. Delta Airlines Inc., VLW 025-2-375. 13 pp.

Where the owner of a power line settled a claim for wrongful death brought by the estate of a worker who was electrocuted, two questions about how the statute applies to the facts were certified to the Supreme Court of Virginia. A&N Electric Cooperative v. Dietzel Enterprises Inc., VLW 025-2-382. 9 pp.

Where two school board officials included allegedly defamatory information about a third party in documents regarding disciplinary proceedings against another board member, the officials were not entitled to immunity against claims for defamation and defamation per se. Brooks-Buck v. Wahlstrom, VLW 025-6-025. 12 pp.

Where defendants argued the Virginia Uniform Trade Secrets Act preempted other non-statutory trade secret claims, this argument failed. BDO USA Inc. v.
Ankura Consulting Group LLC, VLW 025-3-453. 12 pp.

Where a sex-trafficking victim sued the owners of the hotel where she was trafficked, along with the franchisor, and her allegations plausibly alleged claims for a violation of the Trafficking Victims Protection Reauthorization Act and for negligence, their motions to dismiss were denied. S.G. v. Coastal Hospitality Associates LLC, VLW 025-3-487. 16 pp.

Where a former client failed to sue his former attorneys for malpractice within three years from the date when the attorneys’ work on the engagement had ceased, his suit was dismissed as barred by the statute of limitations. Tung v. Westlake Legal Group, VLW 025-7-347. 10 pp.

Where an officer was sued for false arrest, the claim was dismissed. Here, immediately preceding the man’s arrest, three employees reported to the officer that he made bomb threats in a manner violative of Virginia law. Lawson v. Caesars Virginia LLC, VLW 025-3-518. 15 pp.

Zoning

Where the plaintiff challenged a city council’s second approval of a zoning application, the court sustained the demurrers. Hart Jr. v. City Council for the City of Salem, VLW 025-8-026. 7 pp.

Where the record is replete with reasons why a rezoning application was denied, including traffic gridlock, negative impact on water quality, lack of infrastructure or public water access and the existence of better alternative interchanges with public water, the denial decision was affirmed. Gas City LLC v. Rockingham County Board of Supervisors, VLW 025-7-332. 11 pp.