Virginia Lawyers Weekly VA Lawyers Weekly

Where a seasonal bell ringer for The Salvation Army was terminated shortly after he complained about white employees getting better, more lucrative bell ringing assignments, he plausibly alleged a claim for retaliation. Background In late 2021, George Weatherford was hired ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

Where an expert neurosurgeon did not review any of the plaintiff’s pre-accident medical records, she could not opine about the woman’s “significant prior medical history” or whether any pre-accident hypertension caused her headaches. Background This case arises from a serious ...

Tagged with: Judge Thomas T. Cullen Negligence U.S. District Court - Western District

Where a man filed eight lawsuits centered around alleged financial losses, each of which was dismissed; recently started adding judicial officers to his latest lawsuits and continued his conduct even after being warned by the court, he was enjoined from ...

Tagged with: Judge Catherine C. Eagles Sanctions U.S. District Court - Western District

Where a Chapter 7 panel trustee received a share of commissions from a realtor to whom he referred business, and that arrangement was not disclosed to the court, the trustee must disgorge his fees in this case. Background This matter ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

Where an attorney had sexual relations with a client, this conduct violated Rule 1.7(a)(2) of the Virginia Rules of Professional Conduct. Overview After exchanging a series of explicit texts, appellant Brown and C.C. had sexual relations while Brown was representing ...

Tagged with: Attorneys Justice Thomas P. Mann Supreme Court of Virginia

Where a building owner sued its tenant for breach of contract, the owner could still pursue its claim after transferring the property to a third party. Background Oreze Healthcare operated an assisted living facility. A regulatory board suspended the license ...

Tagged with: Contract Justice Teresa M. Chafin Supreme Court of Virginia

Where appellant challenged the constitutionality of a statute that requires petition circulators to be qualified to vote in the referendum for which they are circulating petitions, the circuit court erred by applying a rational basis analysis and ruling that the ...

Tagged with: Constitutional Judge Kimberley S. White Virginia Court of Appeals

Appellant’s motion for a separate trial was properly denied. Admission of the co-defendant’s out-of-court confessions, which incriminated appellant, did not violate his Sixth Amendment confrontation rights because the statements were not testimonial. Background Appellant Hargrove and Coleman planned to rob ...

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

The trial court correctly issued a declaratory judgment that litigation of a trust beneficiary’s claims, which accuse his sister “of obtaining certain gifts from their parents through undue influence or fraud, thereby depleting their parents’ trusts and eroding [the beneficiary’s] ...

Tagged with: Judge Stuart A. Raphael Virginia Court of Appeals Wills & Trusts

There is sufficient evidence to support appellant’s convictions of “being a violent felon in possession of a firearm, statutory burglary with intent to commit assault and battery, and of brandishing a firearm.” Felon in possession Appellant “Loftis asserts that the ...

Tagged with: Criminal Judge Dominique A. Callins Virginia Court of Appeals