Virginia Lawyers Weekly VA Lawyers Weekly

Where plaintiff alleges she was injured in a chain reaction collision caused by defendant deputy’s negligence while driving to serve legal papers, defendant’s plea in bar based on sovereign immunity is denied. Defendant’s driving between locations to serve papers was ...

Tagged with: Fairfax Circuit Court Judge Brett A. Kassabian Negligence Virginia Circuit Courts

Where plaintiff claims a hospital negligently granted a doctor hospital privileges and “failed to properly evaluate his credentials on an ongoing basis,” the hospital’s demurer, based on plaintiff’s failure to state a valid cause of action under Virginia law is ...

Tagged with: Chesapeake Circuit Court Judge Marjorie A. Taylor Arrington Medical Malpractice Virginia Circuit Courts

Where the commonwealth has declined to prosecute defendant for the misdemeanor offense of driving without an ignition interlock system, this court must dismiss the charge. Overview Defendant was charged in the general district court. The commonwealth declined to prosecute. Defendant ...

Tagged with: Criminal Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where a jury found appellant guilty of wounding by mob, the conviction is affirmed. There was sufficient evidence that appellant and two others had a common intent to harm another person, and that appellant “did not abandon or contradict this ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

Where the circuit court granted bail to appellee, who was charged with several sex crimes but “gave no reasons to support its decision to grant pre-trial bond[,]” this was an abuse of discretion. The circuit court’s judgment is reversed and ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where appellee revoked a trust, of which two of her children were trustees, and a New York guardianship court found that appellee was not an incapacitated person, the Fairfax Circuit Court incorrectly ruled that the New York proceeding collaterally estopped ...

Tagged with: Justice S. Bernard Goodwyn Supreme Court of Virginia Wills & Trusts

Where most of the real estate on which appellees wished to build a cluster development was outside of an area designated for water and sewer extensions, appellees must submit their plan for planning commission review. The statute exempting cluster developments ...

Tagged with: Justice Stephen R. McCullough Real Estate Supreme Court of Virginia

Statements contained in appellant’s disciplinary form lacked the requisite “sting” to be actionable as defamation. Further, any republication of the statements and other statements made in proceedings before the Virginia Employment Commission are absolutely privileged. Overview Appellant Shannon was the ...

Tagged with: Chief Justice Donald W. Lemons Supreme Court of Virginia Tort

Where appellant made a successful Batson challenge after the Commonwealth exercised a peremptory strike to remove the only “African American on the venire[,]” the trial court did not abuse its discretion by declining to reseat the improperly struck juror because ...

Tagged with: Criminal Supreme Court of Virginia

Where the general district court determined that appellant had a mental illness and ordered involuntary admission and treatment, appellant cannot appeal the commitment order because he was released from treatment, and the order had expired, before the hearing was held. ...

Tagged with: Civil Practice Supreme Court of Virginia