Virginia judges have the authority under a fee-shifting statute to award attorneys’ fees even in cases where the prevailing party is represented by a legal aid lawyer, the Court of Appeals of Virginia has ruled. “It’s a very big case ...

Tagged with: Attorneys Fees Judge Glen A. Huff Judge James W. Haley Jr. Judge Mary Grace O'Brien Virginia Court of Appeals News

Where the victim of inappropriate touching by the defendant had allegedly told the defendant that she did not want to say the things people were making her say, the hearsay statement was not admissible under the state-of-mind exception because it ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

An employee was properly denied workers’ compensation benefits where she was unable to demonstrate that her psychological and physical diagnoses were related to the injuries she suffered in a workplace accident, and she failed to sufficiently demonstrate her efforts to ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers' Compensation

In an issue of first impression, the court held that a claimant does not need to prove a structural or mechanical change in every body part as long as there is at least one sudden mechanical or structural change and ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers' Compensation

Where a child support award was calculated by averaging the wife’s income from her most recent period of employment based on her pay stubs, and the wife incorrectly claimed that the calculation was based on an average of her employment ...

Tagged with: Domestic Relations Judge Glen A. Huff Virginia Court of Appeals

A defendant who stole the victim’s purse is guilty of robbery, and not merely larceny, because a rational factfinder could have inferred the victim resisted the defendant’s attempt to take her purse and that he had to use some amount ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where a husband and wife separated for more than a year after the wife discovered photographs of the husband cross-dressing, the wife was entitled to a fault-based divorce on the grounds of constructive desertion. Background Daniel Jason Rakes and Teresa ...

Tagged with: Domestic Relations Judge Glen A. Huff Virginia Court of Appeals

An employee who was blinded in an assault by a former coworker while working the overnight shift at a rest area was entitled to workers’ compensation benefits, even though the assailant’s motivation for the attack was unknown, because the employee’s ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers' Compensation

The case of a man who was blinded in a seemingly random attack by a former co-worker has been sent back by the Virginia Court of Appeals to the Workers’ Compensation Commission to determine if the man’s job put him ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals News Virginia Workers' Compensation Commission Workers' Compensation

The JDR court’s order terminating the parents’ responsibility for child support while their son was in foster care did not eliminate their responsibility to pay for the costs incurred while their son was in the legal custody of the Department ...

Tagged with: Domestic Relations Judge Glen A. Huff Virginia Court of Appeals