Lawyers need to choose their medical experts with care. That’s a key lesson from a new Supreme Court of Virginia decision, one lawyer said. The justices refused to overturn a patient’s verdict even though the jury was told that a ...

Tagged with: Chief Justice Donald W. Lemons Justice Cleo E. Powell Justice Stephen R. McCullough Legal Experts Supreme Court of Virginia News

The case of a nursing home patient raped by a staff member split the Supreme Court of Virginia in its position on vicarious liability. The justices largely agree that an employer’s liability under the doctrine of respondeat superior is best ...

Tagged with: Chief Justice Donald W. Lemons Criminal Judge Cheryl V. Higgins Justice D. Arthur Kelsey Justice Elizabeth A. McClanahan Justice S. Bernard Goodwyn Justice Stephen R. McCullough Supreme Court of Virginia News

Attorney wellness has been a top-of-mind discussion for Virginia’s legal leaders in the past year and a half. Virginia Chief Justice Donald W. Lemons appointed a special committee, chaired by his colleague, Justice William C. Mims, to explore wellness and ...

Tagged with: Chief Justice Donald W. Lemons Health & Wellness Work-Life Balance

Where plaintiff claims defendants’ underground sprinkler system damaged her property and that they have interfered with her easement rights, the timeliness of plaintiff ‘s trespass and nuisance claims are a jury issue. Further, the circuit court erred when interpreting the ...

Tagged with: Chief Justice Donald W. Lemons Real Property Supreme Court of Virginia

A county’s tax assessments of appellant’s industrial property are not entitled to the presumption of correctness. One assessment was not based on any of the three accepted approaches, and another was based on only one approach without considering and rejecting ...

Tagged with: Chief Justice Donald W. Lemons Supreme Court of Virginia Taxation

What makes so many lawyers unfulfilled, unhappy or – worse – impaired? A new report from a special Virginia State Bar committee points to factors underlying the legal profession’s wellness problem and offers practice pointers to help. The report is ...

Tagged with: Chief Justice Donald W. Lemons Health & Wellness

Even though Virginia’s chief justice has questions about the practice, lawyers and judges say having different judges handle various aspects of a case is a system that works in busy courthouses. The subject came up at a May 8 meeting ...

Tagged with: Chief Justice Donald W. Lemons Motions

The Supreme Court of Virginia, by a 4-3 vote, has deferred to a trial judge who allowed a juror to remain trial-eligible, despite the man’s expressed doubts about the fairness of medical malpractice litigation. The decision leaves in place a ...

Tagged with: Chief Justice Donald W. Lemons Judge Joi Jeter-Taylor Justice Cleo E. Powell Justice D. Arthur Kelsey Justice William C. Mims Supreme Court of Virginia News

Petitioner’s motion for nonsuit of his writ of actual innocence is denied because such writs are criminal matters to which the nonsuit statute does not apply. Further, the writ, based on results from DNA testing, will be dismissed. The test ...

Tagged with: Chief Justice Donald W. Lemons Criminal Supreme Court of Virginia

Even though words alone are insufficient provocation to reduce murder to manslaughter, defendant cannot challenge her voluntary manslaughter conviction on this basis because she approved jury instructions that omitted this legal principle, says the Virginia Supreme Court. Defendant waived her ...

Tagged with: Chief Justice Donald W. Lemons Criminal Supreme Court of Virginia