Virginia Lawyers Weekly VA Lawyers Weekly

A real estate project owner did not breach a reciprocal easement agreement (REA) with a business that bought property within the project by adding common area repair and construction costs to monthly common area maintenance (CAM) fees. Facts RAMCO Virginia’s ...

Tagged with: Contract Judge Charles S. Sharp Stafford County Circuit Court Virginia Circuit Courts

Where a plumbing company sued to enforce a mechanic’s lien against defendant’s property for unpaid work, the lender and the deed trustees are not necessary parties to the case because, by statute, the lien is inferior to the trustees and ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

A crime victim who assisted the commonwealth in the criminal prosecution against his assailant will himself be retried for making threats against the assistant commonwealth’s attorney and a police detective. The question is whether his purpose in making the threat ...

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

Where a defendant did not contest the fact that he unlawfully entered the home of another and the homeowner testified that money she left on her dresser was missing after the break-in, the defendant’s conviction was proper because it could ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

Where a husband and wife separated for more than a year after the wife discovered photographs of the husband cross-dressing, the wife was entitled to a fault-based divorce on the grounds of constructive desertion. Background Daniel Jason Rakes and Teresa ...

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

A conviction for aggravated involuntary manslaughter was upheld, as it was based on the presence of multiple drugs in the defendant’s system and his admission, after initially denying that he had consumed alcohol or drugs, that he had received a ...

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

Where a hearing officer determined an inmate violated prison regulations after he tested positive for opiates, his request for a chain-of-custody report, an access log for the drug test results and a list of his current medications was properly denied. ...

Tagged with: Civil Rights Justice D. Arthur Kelsey Supreme Court of Virginia

A creditor who acted in good faith and was given no notice of the debtor’s bankruptcy or an automatic stay when it obtained a judgment for possession was entitled to an order “annulling” the automatic stay, and thus its judgment ...

Tagged with: Bankruptcy Judge Rebecca B. Connelly U.S. Bankruptcy Court

Because a trustee pleaded facts showing the existence of transfers made at a time when the transferor was insolvent or rendered insolvent, the trustee may proceed in his suit to avoid and recover the allegedly fraudulent transfers. Background Stephen Scott ...

Tagged with: Bankruptcy Judge Rebecca B. Connelly U.S. Bankruptcy Court

The commercial property landlord failed to persuade the bankruptcy court that assigning the debtor’s lease to a new tenant was prohibited by the Bankruptcy Code, provisions in the debtor’s lease or provisions in other tenant’s leases. Background Before the court ...

Tagged with: Bankruptcy Judge Keith L. Phillips U.S. Bankruptcy Court