Virginia Lawyers Weekly VA Lawyers Weekly

In this adverse possession case, appellees’ exclusive 15-year  possession of a disputed area was unaffected when they granted appellant, the adjoining landowner, permission to install a drainage pipe in the area. Overview In 1996, Tarek and Kye Abboushi, the appellees ...

Tagged with: Judge Junius P. Fulton III Real Estate Virginia Court of Appeals

Where the trial court excluded from evidence certain medical bills in this auto negligence case because appellant did not lay a proper foundation, the record is insufficient to review the ruling. Further, appellant never proffered the excluded evidence. Discussion “In ...

Tagged with: Appeals Virginia Court of Appeals

There was insufficient evidence for the trial court to conclude that appellant adjusted the mirror of a stolen car. His conviction for tampering with a vehicle is reversed. Overview Police found a stolen car “with significant damage.” A police detective ...

Tagged with: Criminal Judge Dominique A. Callins Virginia Court of Appeals

The court overrules defendants’ demurrer to a negligent entrustment claim arising from their son’s fatal shooting of two people. Plaintiff’s amended complaint alleges, in the court’s words, that “[d]efendants left their firearms unsecured and unlocked in the basement, giving [defendants’ ...

Tagged with: Civil Practice Judge Penney S. Azcarate Virginia Circuit Courts

In an issue of first impression, the court held that where a seizure of property was effected for both the “purpose of forfeiture” and the purpose of criminal investigation, the United States is immune from a subsequent tort suit over ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Tort

Where attorneys failed to provide the district court with the factors, statistical risk predictors or other factual parameters bearing on whether the failure of an individual suffering from a mental illness to comply with the prescribed regimen of medical, psychiatric, ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Frank W. Volk

Where the defendant pleaded guilty to kidnapping and using a firearm during a crime of violence more than 15 years ago, but the Supreme Court later ruled that kidnapping is not a valid § 924(c) predicate offense, the district court ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Toby Heytens

Where this court previously held that district courts may, consistent with the Constitution, use information “found in conclusive judicial records” to determine at sentencing that the defendant has three qualifying convictions for offenses committed on different occasions, and that ruling ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer Judge Toby Heytens

Where a jury largely found for two police officers on a motorist’s state and federal claims arising out of a traffic stop, the motorist’s post-judgment motions, challenging the verdict, expert testimony, jury instructions and the court’s management of the trial, ...

Tagged with: Civil Rights Judge Roderick C. Young U.S. District Court - Eastern District

Where a detainee received daily care for his skin cancer, a prison official prevailed on the inadequate medical care claim. Although the official confiscated the detainee’s bandages on one day, the detainee nevertheless received medical care that same day. Background ...

Tagged with: Civil Rights Judge Anthony J. Trenga U.S. District Court - Eastern District