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Special powers: Lawyer-legislators pick judges, can stop cases with privilege
Virginia lawyers who serve in the General Assembly enjoy outsized powers and privileges in their interactions with the judges who rule on their cases. But any regulation would be impractical, many of them say. In Virginia, lawyer-legislators can have a major role in picking the judges who will decide their cases, since majority party caucuses […]
Assembly returns 46 judges to the bench
Virginia legislators re-elected 46 incumbent trial court judges in the first round of judicial selection at this year’s General Assembly. One new circuit judge was among those elected Jan. 16. One sitting judge was left off the list without explanation. Botetourt County Commonwealth’s Attorney Joel Branscom was elected to the circuit bench, succeeding retired Judge […]
Prescriptive Easement Arises From Road Use
A Dickenson County Circuit Court grants plaintiffs a prescriptive easement on Tarzan Road, 15 feet in width, for commercial and residential purposes, based on plaintiffs’ evidence about their use of the road for ingress and egress. The court also enters a permanent injunction preventing the parties, or anyone acting on their behalf, from altering or […]
Adverse Possession Resolves Boundary Dispute
Century-old deeds that reference “two sycamore trees” are inadequate to establish a boundary line between property owned by a lumber company and by a food store, but the Buchanan County Circuit Court says the food store has established its right to a strip of land by adverse possession. Vansant Lumber filed suit on April 19, […]
Facebook Tip Treated as ‘Anonymous’
A tip that came from a Facebook account attached to a particular name will be treated as an anonymous tip by the Dickenson County Court and because officers were able to verify information in the tip such as the time frame for and route of travel of the target vehicle, the officers’ stop was constitutional […]
No Collateral Estoppel in Canine-Killing Case
Although two defendants were acquitted of misdemeanor charges related to the alleged shooting of dogs who were killing turkeys, a Dickenson County Circuit Court rejects defendants’ argument that their related felony prosecution is barred by collateral estoppel; the court denies defendants’ motion to quash the indictments. Defendant Kermit Hill alleges dogs owned by Brandon Hill […]
Drug conviction of mother complicates infant settlement – $350,000 Settlement
Plaintiff was the mother of an 8-year-old boy who was killed instantly by the operator of a Dodge Durango in a residential driveway on private property in broad daylight. After running over the child with both right tires, the operator drove the vehicle another 68 feet and parked it in its usual parking space. The […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
