Virginia Lawyers Weekly VA Lawyers Weekly

Where a pipeline company sought a declaration that it satisfied statutory requirements to enter appellant’s land to survey it, appellant’s counterclaim for trespass lacks merit. A trespass claim raised in his motion for summary judgment will not be addressed because ...

Tagged with: Real Estate Supreme Court of Virginia

The Russian owner of “stream-ripping” websites, which allow audio extraction from videos, should have known he could be sued in Virginia based upon the volume of visitors from Virginia and his other contacts with the United States. On remand, the ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge Roger L. Gregory

Although three individuals convicted for their actions as part of the United Blood Nation gang challenged the use of an anonymous jury, there was sufficient evidence the jury needed protection, and steps were taken to protect the rights of the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Although the prosecution displayed a drug defendant’s arrest photo for a few seconds during redirect testimony, no mistrial was required because of its limited display and the judge’s cautionary instruction. The defendants’ additional multiple arguments against the drug and conspiracy ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Where claims that West Virginia officials defrauded the government when obtaining federal funding to improve broadband coverage, the court held in a case of first impression that public officials cannot claim qualified immunity under the False Claims Act, because the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Tort

Where appellant stated he was satisfied with his original counsel’s performance before entering pleas to several charges, he cannot argue on appeal that the trial court did not properly handle appellant’s request for a new appointed attorney. Background Appellant Delp ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

A rest area worker who was stabbed by a former co-worker is not entitled to compensation benefits because his job did not subject him to an increased risk of being assaulted. Facts Claimant worked the overnight shift at an interstate ...

Tagged with: Judge Rosemarie Annunziata Virginia Court of Appeals Workers' Compensation

Where claimant was injured when a piece of equipment began rotating while he was inside of it, the Virginia Workers’ Compensation Commission correctly determined that claimant’s injury was not the result of willful misconduct or violation of a safety rule. ...

Tagged with: Virginia Court of Appeals Workers' Compensation

The circuit court properly  awarded spousal support to wife for an undefined duration circuit after their 10-month marriage ended. Overview The parties married in May 2016 and separated in March 2017, a few days after their son was born. Wife ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Where a potential juror revealed that her best friend had been shot and killed but despite this, she could listen to the evidence and the court’s instructions and give appellant a fair trial, the trial court properly denied a defense ...

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