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

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