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Tag Archives: Civil Practice

Insufficient jurisdictional statement warrants sanctions (access required)

Where appellant’s jurisdictional statement did not “set forth ‘in what respect’” the Court of Appeals decision “involve[d] a substantial constitutional question as a determinative issue or matter of significant precedential value, the jurisdictional statement does not satisfy Rule 5:17(c)(2).” Appellee’s ...

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Church denied injunction pending appeal of COVID-19 restrictions (access required)

A church claiming the Virginia governor’s COVID-19 restrictions violate its freedom of religion was denied an injunction pending appeal because it failed to show it was likely to prevail on the merits. And as there is a related judicial proceeding ...

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Owner at time of condemnation is entitled to compensation (access required)

Where the owner of real property that was condemned for a natural gas pipeline sold the property, and the sale documents did not assign the condemnation award, the original owner was entitled to the compensation. Background Mountain Valley Pipeline LLC, ...

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Homeschoolers not required to provide children’s birth certificates (access required)

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 ...

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Waiver of privilege: Delay moots effort to ‘claw back’ in-house report (access required)

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Despite a claim of attorney-client privilege, a county government cannot claw back a candid report warning the county about a “male dominated” culture in its fire and rescue department. A federal judge says because Bedford County lawyers waited 40 days ...

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Obstructive act before accrual tolls statute of limitations (access required)

An obstructive act, in this case misrepresenting the value of stock, which occurred before an action for  conversion accrued, tolled the statute of limitations. The stock Appellant Mackey, a law partner in Dodson, Pence, Viar, Woodrum, and Mackey, left the ...

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