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Supreme Court of Virginia clarifies adoption statute
The Supreme Court of Virginia ruled that a stepmother's adoption can proceed without the biological mother's consent under Va. Code § 63.2-1202.
Parent and child: Parental rights terminated because of mother’s abuse
Where the record showed that the children withstood physical, verbal and emotional abuse while in mother’s care, but had an improved standard of living in foster care, the circuit court was not “plainly wrong” in holding that terminating mother’s parental rights was in the children’s best interest.
Domestic Relations: Court finds that wife abandoned the marriage
Where the parties began living in separate houses, the wife had a very minor role in caring for husband during his terminal illness and wife began a separate romantic and sexual relationship mere months after separating from husband and maintained that relationship for years through his death, the circuit court’s finding that she abandoned the marriage was affirmed.
Domestic Relations: Circuit court properly corrected final decree nunc pro tunc
Where the circuit court found, based on the 2019 transcript, that it had committed a clerical error, and amended the final decree nunc pro tunc to align with the transcript, it did not err.
Parent and child: Mother’s lack of improvement results in termination of her parental rights
Where unstable housing, substance abuse, lack of childcare/supervision and an unsafe home environment were conditions that led to the minor child being placed in foster care, and mother failed to produce any evidence that she substantially remedied any of those conditions, the circuit court’s order terminating her parental rights and approving the goal of adoption was affirmed.
Parent and child: Court allows relocation of minor child to Florida
Where the circuit court expressly considered the Code § 20-124.3 factors when it permitted mother to relocate with the child to Florida, and there is credible evidence supporting its conclusion that the child’s best interests would be served by awarding physical custody to mother, thereby allowing the child to live in Florida, its order was affirmed.
Parent and child: Challenge to settlement proceeds statute fails
Where the court approved a settlement involving a minor and ordered the settlement funds to be held by the court until the child reached the age of majority, and the parents argued they had a fundamental right to manage their child’s settlement proceeds absent a finding of unfitness, this challenge failed. The asserted right is neither fundamental nor specially protected, and the statute survive[...]
Wills and Trusts: Court removes trustee for failing to perform duties
Where the executor failed to administer a trust effectively, as required by the trust instrument and a settlement agreement, the circuit court was well within its right to remove the trustee and appoint a substitute trustee.
Domestic Relations: Husband’s challenge to equitable distribution decision fails
Where the record showed that the trial court properly considered the statutory factors in equitably distributing the property, the trial court did not abuse its discretion by awarding half the value of the two properties to wife.
Domestic Relations: Wife awarded 1/3 of equity in marital home
Where the husband was required to disprove wife’s assertion that their home’s increase in value was attributable to martial contributions, his “general argument that the . . . home increased in value due to ‘the economy’ failed to meet [his] burden” because he failed to prove “what amount of equity in the home was attributable to ‘the economy.’” Accordingly the circuit court di[...]
Domestic Relations: Father’s challenge to support obligation is rejected
Where father argued the circuit court should have ordered that mother’s support obligation apply retroactively to the date he served her with his petition to modify support, but the record did not include allow the documents necessary to allow the appellate court to address this issue, the circuit court’s order was affirmed.
Evidence: Trial court wrongly admitted FaceTime recorded conversation
Where Va. Code § 8.01-420.2 prevents admission of a telephone conversation unless all parties consent, this prohibition applied to a FaceTime audio-video recorded conversation.
Verdicts & Settlements
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Workers’ Compensation- Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice- Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Struck in face by forklift, woman suffers brain injury
- Negligence and Tort – Group home resident falls, sustaining femur fracture
- Medical Malpractice – Nursing facility patient dies after fracturing ankle in fall
- Medical Malpractice- Patient has bladder injury during colostomy reversal
- Premises Liability- Apartment guest burned by gas grill spewing fire
- Motor Vehicle Negligence – Physician sustained hand injuries in crash
- Premises Liability- Dog bite injury nets settlement
- Motor Vehicle Negligence – Woman suffers injuries after T-bone collision
Opinion Digests
- Criminal – Court of Appeals wrongly vacated murder conviction
- Tort – U.Va. prevails on former professor’s claims
- Constitutional – Company’s due process claim against county is dismissed
- Administrative – Plaintiffs’ effort to enjoin ITC proceeding fails
- Patent and trademark – Amazon patent infringement suit transferred to New Jersey
- Tort – Chesterfield County dismissed from wrongful death suit
- Consumer Protection – Lawsuit over kratom survives motion to dismiss
- Criminal – Defendant convicted of attempted sexual exploitation of a child
- Evidence – Motion to exclude transmission expert is rejected
- Damages – Court awards pre-judgment interest following parties’ acquiescence
- Employment – Court approves overtime wage collective action settlement
- Search & Seizure – Warrantless search of hotel room safe upheld
