Where the parties agreed that appellant could not reduce appellee’s share of his military pension by electing to receive disability pay instead of retired pay, appellant’s later election to receive disability pay and Combat-Related Special Compensation, which reduced appellee’s share, ...

Tagged with: Domestic Relations Judge Lisa M. Lorish Virginia Court of Appeals

A probationer’s violation of a condition to remain drug free was a technical violation, for which the trial court was limited to imposing a 14-day sentence. The trial court erred by revoking probation “and re-suspending all but 60 days of ...

Tagged with: Criminal Judge Lisa M. Lorish Virginia Court of Appeals

A woman who suffered a permanent impairment must retry her malpractice claims against the doctor who allegedly misdiagnosed her condition and botched the surgery, the Court of Appeals of Virginia has held, settling two matters of first impression. Ramona Bowman ...

Tagged with: Judge Lisa M. Lorish Medical Malpractice Virginia Court of Appeals

The Court of Appeals of Virginia has upheld an award of attorneys’ fees to a woman in her divorce from a husband who delayed settlement and accused her of immigration fraud. The husband said fees shouldn’t be awarded on various ...

Tagged with: Domestic Relations Judge Glen A. Huff Judge Junius P. Fulton III Judge Lisa M. Lorish Judge Stuart A. Raphael Virginia Court of Appeals

A $3 million medical malpractice verdict (subject to the statutory cap) is reversed because the trial court allowed plaintiff-appellee to present an “impermissible informed consent theory[.]” Overview Appellee Bowman had a sudden, severe headache. A CT scan revealed “a bleed ...

Tagged with: Judge Lisa M. Lorish Medical Malpractice Virginia Court of Appeals

Although husband did not waive the right to appeal an attorney fee award to wife in the parties’ separation agreement, the trial court’s $33,900 award was reasonable, and wife may request “more attorney fees for the expenses she incurred in ...

Tagged with: Domestic Relations Judge Lisa M. Lorish Virginia Court of Appeals

The trial court applied the correct burden of proof to determine the parties’ interests in the marital home’s equity. It is not wife’s burden to prove marital contributions caused the increased value in the marital home. Rather, husband, as the ...

Tagged with: Domestic Relations Judge Lisa M. Lorish Virginia Court of Appeals

The Virginia Workers’ Compensation Commission correctly determined that the injured worker was a subcontractor’s employee, and not an independent contractor. Statement of the case “Dionel Espino fell from a ladder and injured his foot. He sought recovery under the Workers’ ...

Tagged with: Judge Lisa M. Lorish Virginia Court of Appeals Workers’ Comp

Where the commonwealth did not prove that appellant possessed with intent to distribute either 10 grams of pure methamphetamine or 20 grams of a methamphetamine mixture, the case is remanded for resentencing under a lesser-included offense. Overview “Code § 18.2-248, ...

Tagged with: Criminal Judge Lisa M. Lorish Virginia Court of Appeals

Where appellant violated a protective order by going to his estranged wife’s residence and assaulting her, pulling her back into the residence after she escaped and continuing his assault, “this action was not incidental to his other offenses of malicious ...

Tagged with: Criminal Judge Lisa M. Lorish Virginia Court of Appeals