Virginia Lawyers Weekly VA Lawyers Weekly

Where an electric power company recorded its costs related to the early retirement of several coal-fired electricity generating plants as asset impairments, the State Corporation Commission erred by concluding that it was unreasonable for the power company to do so. ...

Tagged with: Administrative Justice D. Arthur Kelsey Justice William C. Mims Supreme Court of Virginia

Defendant’s motion to withdraw his pleas to sex-based crimes with his stepdaughter is denied. A defense expert’s report is insufficient for admission under a new statute governing diminished capacity evidence. Introduction This matter is before the Court on defendant Justin ...

Tagged with: 28th Circuit Court Criminal Judge C. Randall Lowe Virginia Circuit Courts

Even though the police had probable cause to search and seize defendant’s vehicle, there were no exigent circumstances to excuse the need to obtain search and seizure warrants. Background A witness told police that a vehicle struck a pedestrian who ...

Tagged with: Criminal Fairfax County Circuit Court Judge Randy I. Bellows Virginia Circuit Courts

Plaintiff’s lack of specificity in pleading her emotional distress claims requires the court to sustain defendant’s demurrers but she will have leave to file an amended complaint. Plaintiff’s allegation of sexual battery does not relieve her of “the obligation to ...

Tagged with: Civil Practice Judge Everett A. Martin Jr. Norfolk City Circuit Court Virginia Circuit Courts

The Virginia Workers’ Compensation Commission incorrectly ruled that the claimant could not seek reimbursement of unpaid bills that had been written off by a medical care provider “because the amounts sought were neither paid by, nor charged to, [the claimant].” ...

Tagged with: Judge Richard Y. AtLee Jr. Virginia Court of Appeals Workers’ Comp

Where the parties’ settlement agreement provided that wife would no longer get a portion of husband’s retirement benefits if she remarried, her relationship with her boyfriend was not a “marriage” as defined by the settlement agreement.  ‘Marriage’ defined “Agreements between ...

Tagged with: Domestic Relations Judge Marla Graff Decker Virginia Court of Appeals

Where correctional officers were sued for their alleged role in the death of a detainee, an expert on correctional facilities may testify about the standard of care and his opinion that the officers breached the duties they owed to the ...

Tagged with: Judge Lawrence R. Leonard Tort U.S. District Court - Eastern District

Where plaintiffs sued the City of Norfolk for approving the demolition of a house located in a historic district, but they lacked any property interest in the house, they lacked standing to sue the city for inverse condemnation and gross ...

Tagged with: Judge Raymond A. Jackson Municipal U.S. District Court - Eastern District

Where out-of-state companies contracted with a Virginia-based corporation to implement uniform practices, including the practices that resulted in the alleged Fair Labor Standard Act violations at issue in this suit, the court could exercise jurisdiction over the foreign defendants. Background ...

Tagged with: Judge Raymond A. Jackson Labor U.S. District Court - Eastern District

Where a Black female employee alleged that coworkers touched her hair and a supervisor criticized it and made other offensive comments about it, her hostile work environment claim was dismissed because the allegations did not show conduct “because of” her ...

Tagged with: Employment Discrimination Judge Rossie D. Alston Jr. U.S. District Court - Eastern District