Virginia Lawyers Weekly VA Lawyers Weekly

Attorneys who failed to demonstrate their experience in similar class actions, violated federal and local rules and were deficient in their performance in other cases lack the experience, diligence and discipline necessary to competently represent the proposed class. Background This ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

Although there is already a dispute between the same parties and involving the same issue pending before the Trademark Trial and Appeal Board (TTAB), that proceeding has been stayed. Because this case is likely to proceed at a faster pace, ...

Tagged with: Civil Practice Judge Joel Hoppe U.S. District Court - Western District

A former police officer allegedly pressured a confidential informant for sex in exchange for remaining out on bond. Because the intangible value of the conduct was at least $5,000, which was the statutory minimum for the bribery conviction, the conviction stands. ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

An insurer is not liable for a truck driver’s injuries caused by a tire that exploded while the insured party was repairing it because insurance policy unambiguously excluded claims arising from the maintenance of any “auto.” Overview Smith, a truck ...

Tagged with: Contract Published Order Supreme Court of Virginia

Defendant’s arson conviction is affirmed despite his argument that admission of a witness’s written report to a fire marshal was inadmissible hearsay. Any error was harmless in light of the other evidence presented at trial. Background Vaught, a Marine stationed ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Even though defendant did not ask a minor to perform the sexual acts he described in a text message to her, the trial court properly convicted him of violating Code § 18.2-374.3(D), which prohibits using “a communications system … for ...

Tagged with: Criminal Justice Lawrence L. Koontz Jr. Supreme Court of Virginia

Where defense counsel used all five of its preemptory strikes on white jurors and struck one of the jurors because she was not responsive during generic questioning, but never asked that juror any specific questions, the strike was improper in ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Virginia Court of Appeals

A wife who twice violated terms of a property settlement agreement was sanctioned by the court.  A third sanction was vacated, however, because it was a criminal contempt sanction in what the circuit court maintained was a civil contempt proceeding. ...

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

In an issue of first impression, the court held that a claimant does not need to prove a structural or mechanical change in every body part as long as there is at least one sudden mechanical or structural change and ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers' Compensation

Where a child support award was calculated by averaging the wife’s income from her most recent period of employment based on her pay stubs, and the wife incorrectly claimed that the calculation was based on an average of her employment ...

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