Virginia Lawyers Weekly VA Lawyers Weekly

A jury convicted Thomas Lienau of involuntary manslaughter. The court reversed, holding it was error to not give the jury a self-defense instruction when such an instruction was requested by Lienau and supported by the facts. Background Lienau owned a ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

In a case originating in juvenile and domestic relations district part, the court held that a party may not appeal a procedural aspect of a substantive ruling, in this case the amount of an appeal bond, without appealing the underlying ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Despite the absence of facts demonstrating probable harm or specific threat, the court found a hospital did have a duty to a patient who was attacked by another patient in the emergency room. Background The complaint alleges that on Oct. ...

Tagged with: Judge Mary Jane Hall Negligence Norfolk Circuit Court Virginia Circuit Courts

The defendant, a convicted sex offender on probation, could not use the Fifth Amendment as an excuse for lying to his probation officer about criminal conduct. Background On April 21, 2014, the defendant was indicted for feloniously using “a communications ...

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

The court held that while an expert should have been required to admit certain physical therapy records about plaintiff’s injuries, the defendant’s response to the plaintiff’s requests for admission reasonably led her to believe no expert was required. Background This ...

Tagged with: Evidence Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

An employer’s argument that the worker’s comp commission gave too much weight to a medical opinion, and ignored contrary evidence in the record concerning an employee’s injury, was not a valid basis to challenge its decision. Background On Oct. 17, ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers' Compensation

Where credible evidence in the record supported the commission’s conclusion that claimant engaged in repetitive movements, could not recall specifically when his symptoms began, and was unable to identify a particular movement or action that caused the onset of his ...

Tagged with: Judge Mary B. Malveaux Virginia Court of Appeals Workers' Compensation

An employer’s argument that the worker’s comp commission gave too much weight to a medical opinion, and ignored contrary evidence in the record concerning an employee’s injury, was not a valid basis to challenge its decision. Background On Oct. 17, ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers' Compensation

A taxi cab company’s voluntary conduct did not mean it owed a duty to warn its driver or to protect him against criminal assault by a passenger. Background Peter Ambrister was a taxicab driver employed by “Craig Buck and/or Cab ...

Tagged with: Justice Elizabeth A. McClanahan Negligence Supreme Court of Virginia

The circuit court correctly held that a homeowner’s breach of contract claims against his lender accrued when his debt was accelerated prior to foreclosure for statute of limitations purposes. Background In 2009, Dennis Kerns borrowed money from a mortgage lender ...

Tagged with: Banking Justice D. Arthur Kelsey Supreme Court of Virginia