Where a jury, after being instructed that the commonwealth had to prove its case by a preponderance of the evidence, determined that two members of a local electoral board should be removed from office, the trial court’s judgment on the ...

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

A county school board lacked authority to require appellants and other persons homeschooling their children to provide the children’s birth certificates and proof of residency in the county. Background Appellants, the Sosebees, homeschool their children. Appellee, the Franklin County Board ...

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

Just a day after statewide bar groups asked for action to move civil cases along during the COVID-19 pandemic, the Supreme Court of Virginia responded with a new judicial emergency order May 6. The order drops any tolling of discovery ...

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

The circuit court erred by striking plaintiff’s claims of excessive force, false arrest and illegal search against defendant police officer on the basis of sovereign and qualified immunity. Defendant did not challenge the jury’s findings that he was liable for ...

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

Where appellant was convicted of destroying property worth $1,000 or more in violation of Code § 18.2-137, the prosecution met its burden to show that the fair market replacement value of the property exceeded the statutory requirement. Facts Appellant Spratley ...

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

Whether welfare overpayments based on fraud meet the $200 statutory threshold for grand larceny is determined by calculating the difference between the benefits paid and the benefits that would have been paid absent any fraud. In this case, there was ...

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

We have had numerous stories in the past two years about lawyer wellness, starting in late 2017 when Virginia’s Chief Justice, Donald W. Lemons, was a member of a national wellness task force. He brought the idea back to the ...

Tagged with: Chief Justice Donald W. Lemons Editor's Notebook Health & Wellness Justice William C. Mims

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