Virginia Lawyers Weekly VA Lawyers Weekly

Rejecting a mother’s argument that the circuit court erred in finding her children were abused or neglected, the court said the totality of the evidence, which included a video interview of the minor who claimed to have been sexually abused; ...

Tagged with: Domestic Relations Per Curiam Opinion Virginia Court of Appeals

Although a state employee had received diagnoses of Ramsay Hunt syndrome and Bell’s palsy, the administrative record supported the Virginia Retirement System’s finding that she was not incapacitated for the further performance of duty. Background In January 2012, Mickey L. ...

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

In considering a woman’s challenge to her termination, the appellate court said the case required a de novo review of a hearing officer’s final decision. The hearing officer’s initial finding of retaliation was based solely on his faulty understanding of ...

Tagged with: Employment Judge Teresa M. Chafin Virginia Court of Appeals

The evidence showed the appellant intended to defraud the victim and actually did so by taking his $500 as part of a ruse to sell him a car, thus supporting the conviction for obtaining money by false pretense. Background In ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Even though a widow’s suit for an elective share of her husband’s estate was served on the personal representative, the failure to name the personal representative as a defendant or otherwise mention her in the complaint made the suit a ...

Tagged with: Justice Elizabeth A. McClanahan Supreme Court of Virginia Wills & Trusts

Where the testator’s will left everything to his niece, his daughter was entitled to a presumption of undue influence but the presumption disappeared once the niece provided sufficient evidence to rebut it. As a result, the burden of persuasion remained ...

Tagged with: Chief Justice Donald W. Lemons Supreme Court of Virginia Wills & Trusts

Where the decedent rear-ended the plaintiff’s car, his description of the accident to his son  was correctly admitted under the dead man’s statute. The fact that the decedent’s passenger testified about the crash at trial has no bearing on the ...

Tagged with: Evidence Justice William C. Mims Supreme Court of Virginia

A defendant who filed a motion to avoid a mandatory minimum sentence shortly before his sentencing hearing began was entitled to have the circuit court consider it on the merits. The court’s refusal to do so because the motion was ...

Tagged with: Criminal Justice LeRoy F. Millette Jr. Supreme Court of Virginia

Where a trustee accepted a $20,900 bid at a foreclosure sale for property assessed at $436,800, the debtor has stated a claim for breach of implied fiduciary duties arising from a deed of trust. The circuit court erred by characterizing ...

Tagged with: Contract Justice Cleo E. Powell Supreme Court of Virginia

Plaintiffs’ motion to amend their complaint against their employer and corporate officers was granted with respect to new federal claims, denied without prejudice with respect to a malicious prosecution claim and denies with prejudice with respect to the Bowman claim, ...

Tagged with: Judge Michael F. Urbanski Tort U.S. District Court - Western District