The source-of-duty rule bars plaintiff from amending its complaint to include an actual fraud claim because the claim is related to the parties’ contract. Overview Plaintiff law firm seeks to add an actual fraud claim to its complaint against defendants. ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where a circuit court ordered appellant to pay appellee’s attorney fees, which she incurred while responding to his appeal of a JDR court’s child support ruling, the obligation to pay those fees survives his withdrawal of his appeal. Overview A ...

Tagged with: Civil Practice Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Petitioner lacks standing to challenge respondent governor’s executive orders issued in response to the COVID-19 pandemic. The petition for a writ of mandamus is denied. Standing Petitioner Marrs alleges various executive orders Governor Northam has issued in response to the ...

Tagged with: Civil Practice Supreme Court of Virginia

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 ...

Tagged with: Civil Practice Supreme Court of Virginia

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 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 ...

Tagged with: Civil Practice Judge Arenda L. Wright Allen U.S. District Court - Eastern District

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, ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

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

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 ...

Tagged with: Attorney-client privilege Civil Practice Judge Norman K. Moon U.S. District Court - Western District

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 ...

Tagged with: Civil Practice Justice William C. Mims Supreme Court of Virginia