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No jurisdiction to hear appeal from GDC
Where appellant did not appeal the general district court’s grant of a warrant in debt to appellee attorneys, the circuit court lacked jurisdiction to hear an appeal because appellant did not file one within 10 days of the GDC’s final order. Untimely appeal “Oksana Marinaro appeals an order of the Circuit Court of the City […]
No transcript dooms appeal
Appellant’s appeal of a protective order issued to appellee in connection with their divorce cannot be heard because appellant did not file a transcript or a statement of facts. Incomplete record “Derek Blockhus appeals a protective order the circuit court entered in favor of Maria Del Mar Tortajada, in connection with pending divorce proceedings. On […]
Equitable distribution rulings affirmed
The trial court’s rulings on classifying the parties’ assets and debts, and a property valuation are affirmed. No misapplication “Husband … argues that the trial court applied the incorrect burden of proof by requiring him to prove that the credit card debt was marital debt when Code § 20-107.3 creates a statutory presumption that debt […]
No estoppel by silence in right of first refusal matter
Where plaintiff had a right of first refusal to buy property it had been leasing from defendant and sued after defendant contracted with a third party to sell the property, defendant’s plea in bar based on an estoppel by silence theory is overruled. Overview Boone and Beckner (Boone) leased property from Rudder. Rembold, Rudder’s manager, […]
Circuit split over tax mailbox rule deepens
In an issue of first impression, the court joined the Second and Sixth Circuits in holding that 26 U.S.C. § 7502, a uniform statutory mailbox rule for tax filings, supplanted the common-law rule. The decision deepens a split with the Eighth and Tenth Circuits, both of which say the statute merely supplemented the common-law rule. […]
Virginia Tech defeats attempt to enjoin university’s policies
Where an organization alleged that two Virginia Tech policies violate the First Amendment rights of its students, but the organization lacked standing to challenge one policy, and failed to show the second policy violated the First Amendment, its motion for injunctive relief was denied. Background Speech First Inc. asserts that two Virginia Tech policies — […]
Suit over death of detainee reinstated
Where the district court dismissed claims alleging that medical professionals exhibited deliberate indifference to the needs of a detainee, but the complaint sufficiently alleged that the medical professionals knew of and disregarded a substantial risk of serious injury to decedent, the claims were reinstated. Background Shelly Kaye Stevens, as personal representative of the estate of […]
SSA denies service dog to former teacher
Where the administrative law judge failed to analyze whether the applicant’s service dog was medically necessary, but the record showed the request wasn’t supported by substantial evidence, the error was harmless. Background Apryl D. Shue seeks judicial review of the Commissioner of Social Security’s final decision denying her claim for social security disability insurance benefits. [&hellip[...]
Court lacks jurisdiction over suit against insurer
Where a doctor alleged an insurance company failed to fairly compensate him for his services, and the insurance company removed the suit to federal court and argued the claim was preempted by the Employee Retirement Income Security Act of 1974, the suit was remanded. The doctor lacked standing to assert claims under ERISA. Background On […]
Driver liable for more than $266K in damages
Where a driver engaged in willful and wanton negligence when she drove between 76-81 mph on a 45mph road during a morning commute before hitting a pregnant woman’s car and injuring her minor son, the injured woman was awarded more than $266,000 to compensate her for her medical expenses, pain and suffering, emotional distress and […]
Six-month suspension of license affirmed
A three-judge circuit court panel in this attorney discipline matter correctly considered an attorney’s 2005 two-year suspension when determining a sanction for his present disciplinary matter arising from the mishandling of client funds. His six-month suspension in the present matter is affirmed. Background “Bradley Glenn Pollack appeals from the judgment of a three-judge circuit court [&hell[...]
Pre-screening of in-court identification not required
Where a bank robber wore a ski mask, the Virginial Court of Appeals correctly affirmed the trial court’s decision allowing a witness to identify him in court without first having her identify him in a pre-trial photographic line-up of six individuals with only their eyes showing. The Due Process Clause of the U.S. Constitution “does […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
