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No standing to challenge school renaming policy
Where appellants challenged the State Board for Community Colleges’ adoption of a school renaming policy, they lack standing to sue. They have not alleged that they have standing and “have offered no evidence that would confer standing to sue, beyond mere generalizations as members of the public.” The trial court correctly determined that it lacked […]
Enforceable arbitration clause in construction contract
Where the parties’ construction contract unambiguously provided that the American Arbitration Association’s rules applied in the event of a dispute, the trial court erred by deciding which of appellants’ claims were subject to arbitration. The AAA rules provide that the arbitrator determines arbitrability. Arbitration rules “Because the contract contains an enforceable arbitration clause t[...]
Appellant prosecuted under repealed statute
Where appellant violated a statute before its repeal, he can be prosecuted for the violation. The statute’s repeal was not retroactive. It is immaterial that he was not indicted until after the repeal. The date of the offense controls. Background Before its repeal on July 1, 2021, Code § 18.2-104, “provided enhanced punishment for repeat […]
Shoulder aggravation was ‘compensable consequence’ of prior work-related injury
Where a claimant fell while fishing and aggravated a work-related injury, the Virginia Workers’ Compensation Commission didn’t err when it awarded him disability benefits after crediting a doctor’s opinion about causation, the Court of Appeals of Virginia has held.
Sufficient evidence of abuse and neglect
Where there was evidence of the child’s extensive injuries, mother’s “inconsistent statements” about how the injuries occurred “and medical testimony on the non-accidental nature of the injuries,” the trial court correctly terminated mother’s parental rights. Abuse and neglect “Mother challenges the circuit court’s dispositional order finding abuse and[...]
Disability not attributable to intentional conduct
Where the claimant was fishing and fell on the shoulder that was injured in an earlier work-related incident, this was not the type of intentional conduct that would disqualify him from disability benefits. Compensable consequence “On appeal, Fairfax County challenges the Commission’s award of temporary total disability benefits, beginning November 17, 2020, and continuing until […]
Evidence of third-party guilt correctly excluded
The trial court correctly granted the commonwealth’s motion in limine to exclude evidence of a fingerprint belonging to someone who lived in California on the murder victim’s car. Third-party guilt “[T]he Department of Forensic Science initially matched the fingerprint on Dudley’s [the murder victim’s] car to Cox [who lived in California], but after re-examination found […]
En banc rehearing granted in condo parking case
A Fairfax County condominium association has been granted an en banc rehearing in a dispute with the owner of the commercial condominium units over a parking reallocation plan that reduced the number of reserved parking spaces for the unit from 30 to 12. In April, the Court of Appeals of Virginia upheld a ruling from […]
Repeal of enhanced penalty statute not retroactive
The repeal of Code § 18.2-104, which makes a third petit larceny charge a felony rather than a misdemeanor, is not retroactive. As a result, “a trial court may properly convict a defendant under the enhanced punishment scheme when the crime occurred prior to July 1, 2021.” Overview “Franklin was arrested and charged with petit […]
GPS accuracy expert testimony was cumulative
Where appellant was convicted of breaking and entering, and two petit larceny counts, the trial court correctly excluded a defense expert who would have testified about the accuracy of a GPS ankle monitor appellant was wearing as a term of his probation from a prior conviction. The GPS data from the monitor placed him at […]
No best interest analysis for child’s relocation
“When granting primary physical custody to a parent in an initial custody determination, the trial court need not separately determine whether living out-of-state is in the best interests of the child, if the prospective custodial parent already lives out of state.” Background Coffey, the child’s mother, and Brandon, the child’s father, jointly agreed that the […]
Parking change breached contract, violated zoning law
A Fairfax County condominium association’s reallocation of parking spaces violated local and state law and breached its contract with the owner of three commercial condominium units in the development, the Court of Appeals of Virginia upheld. The owner of the commercial condominium units filed suit over the parking reallocation plan after the plan reduced the […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
