Virginia Lawyers Weekly VA Lawyers Weekly

Nonsolicitation and nondisclosure agreements defendant signed after plaintiff hired her are enforceable because they are narrowly drawn to protect plaintiff’s legitimate business interests. However, the noncompete provision in the nondisclosure agreement is not enforceable because it is not narrowly drawn ...

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

Even assuming without deciding that an autopsy report was testimonial and that defendant had a right to confront the report’s author at the preliminary examination, any error caused by the author’s absence was harmless. The author of a forensic pediatric ...

Tagged with: Criminal Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

A motion to disqualify an attorney based on a conflict of interest in this minority shareholder corporate dispute is denied. There is no evidence as of yet to show that his clients’ interests are materially adverse to those of the ...

Tagged with: Attorneys Chesapeake Circuit Court Judge Rufus A. Banks Jr. Virginia Circuit Courts

A defendant who stole the victim’s purse is guilty of robbery, and not merely larceny, because a rational factfinder could have inferred the victim resisted the defendant’s attempt to take her purse and that he had to use some amount ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

A school bus driver who was involved in a motor vehicle accident will not receive any benefits for a claimed “brain injury” because, while she may have exhibited symptoms consistent with such an injury, there was sufficient credible evidence in ...

Tagged with: Judge Teresa M. Chafin Virginia Court of Appeals Workers' Compensation

Although a defendant was not aware that the victim had undergone Eye Movement Desensitization and Reprocessing therapy until after his trial was completed, he was not entitled to a new trial based on after-discovered evidence because the victim had been ...

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

Police officers did not coerce a defendant’s confession when they arrested him immediately upon his discharge from the hospital and began their questioning shortly after he had taken pain medication. Background On Dec. 27, 2015, Andre Marquise Harris was admitted ...

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

An officer had probable cause to conduct a full search of a defendant during a traffic stop where the defendant, and the vehicle he was in, smelled of marijuana, a police alert indicated that the defendant could be armed, and ...

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

Although a lower court affirmed the rejection of a lease transfer through oyster-planting ground to the City of Virginia Beach, the city can proceed with a dredging project because municipalities are among the corporate entities eligible to apply for such ...

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

A Dulles airport employee who was injured while servicing an airplane will not recover benefits because he failed to exclude lightning as a possible cause of his injuries, which is an “act of God”, and failed to show he was ...

Tagged with: Judge Marla Graff Decker Virginia Court of Appeals Workers' Compensation