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‘We need the cases’: Virginia’s high court issuing fewer opinions
Appellate practitioners and others who monitor Virginia’s jurisprudence have noticed a long, steady decline in the number of opinions released by the Supreme Court of Virginia.
Attorney’s conduct results in mistrial
After a California attorney’s “unprofessional conduct” during the trial of his client’s negligence claim resulted in prejudice that couldn’t be cured by a cautionary instruction, an Eastern District of Virginia judge declared a mistrial and revoked the out-of-state attorney’s pro hac vice status.
Wine shipper must have separate licenses for each shipping location
Distributors of alcoholic beverages in Virginia must have a separate license from the Virginia Alcoholic Beverage Control Authority, or Virginia ABC, for “each separate place of business” that ships beverages straight to customers, the Court of Appeals of Virginia has held.
Virginia’s Go To Lawyers for commercial real estate
Virginia Lawyers Weekly is pleased to present the next group of honorees in our program recognizing the leading lawyers in a particular field of law. In this edition, we showcase “Virginia’s Go To Lawyers” for commercial real estate law.
‘Akin to an asset’: Wrongful death payments not income for child support
Annuity payments received by a woman as a structured settlement for her mother’s wrongful death shouldn’t be included as gross income for purposes of calculating child support, a Virginia circuit court has held.
Contingency agreement not basis for fee award
A federal court awarded attorneys’ fees to plaintiff’s counsel in a case stemming from a disagreement between two attorneys.
No private action against bank for failure to prevent elder exploitation
An elderly woman scammed out of more than $130,000 has no private cause of action under federal and state laws that impose a permissive duty to deny or report transactions that it may suspect are elder financial exploitation, the Court of Appeals of Virginia has held.
No witnesses: Plaintiff denied third-party witness, recording of medical exam
A personal injury plaintiff failed to satisfy the burden required to necessitate the recording of or having a third-party witness at her Rule 4:10 medical examination, a Fairfax County judge has held.
High court amends rule on discovery, inspection
The Supreme Court of Virginia has amended Rule 3A:11 of the Rules of the Supreme Court of Virginia, which pertains to discovery and inspection.
‘Too stringent’: Court tosses precedent, joins other circuits on attorneys’ fees for injunction wins
Joining every other circuit to decide the issue, a divided 4th U.S. Circuit Court of Appeals has overruled its precedent that preliminary injunctions can’t convey “prevailing party” status to a plaintiff, which precluded awards of attorney’s fees.
Court erred creating new property boundary line
The Court of Appeals of Virginia reversed in part a decision from the Fairfax County Circuit Court, finding that the trial court erred in declaring a new boundary line between neighboring properties in a nuisance and trespass case.
VLW names 2023’s Leaders in the Law, Up & Coming Lawyers
Virginia Lawyers Weekly is pleased to announce the Leaders in the Law and Up & Coming Lawyers Class of 2023.
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
