Virginia Lawyers Weekly VA Lawyers Weekly

Where appellant argues that a county’s approval of a plan to develop a daycare center violated appellant’s due process rights, there was no error when the board of supervisors delegated the authority to approve the plan to the planning director ...

Tagged with: Judge Stuart A. Raphael Municipal Law Virginia Court of Appeals

The circuit court correctly ruled that it lacked jurisdiction to hear appellant’s ethics complaint against an attorney. Overview Appellant Spanos filed an ethics complaint in circuit court, seeking to have Feinmel’s law license revoked. “Spanos asserted that the circuit court ...

Tagged with: Civil Practice Judge Frank K. Friedman Virginia Court of Appeals

Where the trial court awarded appellee damages for his quantum meruit claim, the award is reversed because appellee presented no evidence of the reasonable value of his services. Background The Virginia University of Lynchburg, or VUL, hired appellee Flood in ...

Tagged with: Civil Practice Judge Daniel E. Ortiz Virginia Court of Appeals

Even though the circuit court misconstrued a notice of default provision in a deed of trust as being optional rather than mandatory, there was no reversible error because the lender, in fact, provided the borrower with a notice of default. ...

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

The trial court correctly concluded that a trust distribution belonged to the buyer of a senior care center instead of the center’s manager. Background The Temple Foundation operated The Virginian, a senior living center, under a lease with Thompson Associates, ...

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

Where a church, for a period of time when the parties were separated, paid the mortgage on the marital home, the trial court properly classified the payments as a marital contribution instead of crediting them as husband’s separate contribution. Overview ...

Tagged with: Domestic Relations Judge Doris Henderson Causey Virginia Court of Appeals

Where a detainee asserted deliberate indifference claims against prison and medical officials after his small bowel obstruction allegedly caused a permanent injury, but he made only collective allegations against all “Defendants,” without identifying how each individual defendant personally interacted with ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge James A. Wynn Jr.

Where the estate of James “Whitey” Bulger alleged that the United States and prison officials should be held responsible for failing to protect him from an attack by fellow inmates and failing to prevent his transfer to a “violent” facility, ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Stephanie Dawn Thacker

Where two foreign consortiums filed an application to register the word “GRUYERE” as a certification mark, in order to label cheese that is produced in the Gruyère region of Switzerland and France, their application was denied because the term “GRUYERE” ...

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

Where plaintiffs suing a biopharmaceutical company for alleged misstatements failed to sufficiently allege any actionable misrepresentations or omissions that would give rise to a duty to disclose, and certain statements amounted to puffery or inactionable opinion or were sufficiently hedged ...

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