Free Newsletter
High court agrees school’s fee requirement was unconscionable
A private school requirement that parents pay legal costs for both sides in court disputes was an “unconscionable” contract provision, the Supreme Court of Virginia has agreed. The court on Jan. 2 affirmed the ruling of a Fairfax County judge that the Flint Hill School in Oakton was overreaching in its demand that parents agree […]
Chafin is sworn in to Supreme Court
Southwest Virginia’s newest voice on the Virginia Supreme Court bench took the oath of office Sept. 6 in Abingdon. Teresa M. Chafin, of Russell County, moved from the state Court of Appeals to the Supreme Court, taking the place of just-retired Justice Elizabeth A. McClanahan, a Grundy native, who spoke at the investiture ceremony at […]
Court ends month with torrent of opinions
The impending retirement of Virginia Supreme Court Justice Elizabeth A. McClanahan prompted a stream of opinions in the week preceding her last day on Sept. 1. From Aug. 22 to Aug. 30, the court issued 14 decisions. There were nine opinions, three published orders and two unpublished orders. The unprecedented daily release of new appellate […]
Supreme Court upholds Morrissey disbarment
In a unanimous order, the Supreme Court of Virginia has upheld the second disbarment of former state delegate Joseph D. Morrissey. A three-judge Richmond Circuit Court panel revoked Morrissey’s law license last year, and the Supreme Court affirmed that decision July 18. The court said Morrissey’s “extensive disciplinary record” in part justified the sanction of […]
Court launches statewide criminal records search
As promised in January, the Supreme Court of Virginia has unveiled an online search engine to look up criminal and traffic cases in all general district courts and nearly all circuit courts. Without any accompanying announcement, search links appeared on the website of the Virginia court system on pages with information about circuit and general […]
Criminal jury instructions now free, without annotations
The Supreme Court of Virginia is moving to allow free access to unannotated versions of its model jury instructions. The court announced June 26 that the criminal Virginia Model Jury Instructions are now available in an unannotated format on the Virginia Judicial System website. The court said the unannotated version is being made available “as […]
High court to consider insanity issues in home invasion case
The Supreme Court of Virginia has agreed to consider whether an involuntary intoxication defense is equivalent to an insanity defense in the case of a man who tortured a McLean lawyer and his wife in their home. Andrew Schmuhl contended he was in a “medication induced delirium” when he tormented attorney Leo Fisher and his […]
Court authorizes assessment for Wellness Fund
The Supreme Court of Virginia has authorized the collection of up to $30 a year from each active lawyer in Virginia to fund wellness initiatives. In a May 31 order, the court directed the Virginia State Bar to collect the Attorney Wellness Fund fees, effective July 1. “The Attorney Wellness Fund fee is to be […]
Supreme Court affirms lawyer’s reprimand
The Supreme Court of Virginia has upheld a bar reprimand of a Virginia Beach lawyer accused of misleading a judge about terms of a federal regulation. Attorney Judith M. Cofield fought the bar discipline all the way to the high court, insisting that the judge hearing her medical malpractice case was not misled. In that […]
Court to consider on-call judges for long weekends
Concerns about delays of up to five days for accused offenders waiting for bond hearings may lead to a plan to make judges available even when courthouses are closed for long periods. Virginia Supreme Court Chief Justice Donald W. Lemons said he would assemble a group to consider on-call judges for time-sensitive hearings. The issue […]
Court backs judges in pot prosecution dispute
A panel of the Supreme Court of Virginia says Norfolk circuit judges did not exceed their authority when they refused a prosecutor’s request to drop charges in marijuana possession cases. The court’s ruling in a six-page order May 2 appears to block an effort by Norfolk Commonwealth’s Attorney Greg Underwood to routinely dismiss misdemeanor marijuana cases. […]
Lemons urges participation in pro bono reporting
For the first time, Virginia lawyers are being asked this year to voluntarily report their pro bono contributions, and the chief justice is encouraging participation. In a letter going to all Virginia lawyers in the mid-June license renewal statement, Virginia Supreme Court Chief Justice Donald W. Lemons asks lawyers to both engage in pro bono service […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
