Virginia Lawyers Weekly VA Lawyers Weekly

A bond company under state investigation for consumer-protection violations has no basis to demand a confidentiality agreement before turning over its client information to the Commonwealth. Although the company said some disclosures might reveal clients’ immigration information and other personal ...

Tagged with: Consumer Protection Evidence Judge William R Marchant Virginia Circuit Courts

A capital murder defendant who sought forensic testing of certain evidence was entitled to present his argument to the court ex parte under Code § 9.1-1104. But the statute does not authorize ex parte status for the resulting order as ...

Tagged with: Criminal Fairfax County Circuit Court Judge Randy I. Bellows Virginia Circuit Courts

The circuit court did not err in classifying only 30 percent of a litigation-support company’s increase in value during the course of an owner’s marriage as marital property. The court considered evidence as to whether the increase was due to ...

Tagged with: Domestic Relations Family Law Judge Marla Graff Decker Unpublished Opinion Virginia Court of Appeals

Twin baby girls who, at about four months old, were found to have bone fractures and subdural hematomas indicative of abuse, could not be returned to their parents’ care when the parents were not forthcoming about how the abuse might ...

Tagged with: Family Law Judge Mary B. Malveaux Parental Rights Unpublished Opinion Virginia Court of Appeals

For equitable-distribution purposes, the circuit court erred in failing to determine the amount of a husband’s student loans as of the date he and his wife separated. Under the circumstances, it was within its authority to re-open evidence on that ...

Tagged with: Domestic Relations Family Law Judge Marla Graff Decker Unpublished Opinion Virginia Court of Appeals

Timely notice of the required appearance date is not an element of felony failure-to-appear. In this case, notice could be inferred from the defendant’s presence in court (with counsel) when the continuance date was announced and by his counsel’s appearance ...

Tagged with: Criminal Evidence Judge Mary B. Malveaux Virginia Court of Appeals

While fuel-company affiliates entering procurement agreements had to obtain approval from the State Corporation Commission, the Commission sufficiently reviewed the agreements. Such review and approval does not require a formal hearing where the public can raise objections. Background Appellant Sierra ...

Tagged with: Administrative Per Curiam Opinion Supreme Court of Virginia Unpublished Opinion Utilities

The petitioner was entitled to “verification” of lawful non-conforming use status for a parcel of property housing junk cars. Although the parcel had at one point been owned by a corporation that attempted to clear the property, evidence showed that ...

Tagged with: Justice S. Bernard Goodwyn Municipal Real Property Supreme Court of Virginia Zoning

In a false-claims settlement for Medicaid overbilling, Virginia’s whistleblower recovery provision entitling relators to a portion of the “proceeds” referred to gross proceeds, not proceeds remaining after the Commonwealth paid appropriate Medicaid refunds to the federal government. Background The relators ...

Tagged with: False Claims Healthcare Justice Stephen R. McCullough Supreme Court of Virginia

The prevailing party in litigation between energy companies sought to recover its litigation costs under Federal Rule of Civil Procedure 54. Among costs the court excluded were a video deposition and electronic transcripts accompanying written transcripts. Background Following a jury ...

Tagged with: Civil Practice Judge James P. Jones U.S. District Court - Western District