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Criminal: Appeal was rendered moot by passage of time
Where the circuit court rules on a defendant’s timely motion for a sentence modification under Code § 19.2-303, but, by the time this court rules on the appeal, more than 60 days have passed since the defendant’s transfer to the Department of Corrections, the appeal is moot.
Real Property: Ejectment statute of limitations doesn’t apply to declaratory judgment
Where a party sought a declaratory judgment that an easement was void, the circuit court erred when it held the suit was barred by the 15-year statute of limitations for ejectment actions. The movant was not seeking to remove the other party from possessing the property.
Jury and Jurors: Trial court didn’t err in seating juror
Although the juror expressed that situations involving his nephew and his wife could “possibly” affect his ability to be fair and impartial in the trial of a man charged with abduction, he affirmed that he would keep an open mind and apply the law to the evidence. His brief hesitation was an outlier in the context of the entire voir dire.
Landlord and Tenant: VRLTA allows parties to agree to notice via certified mail
Where a tenant argued her landlord was not allowed to notice via certified mail, this argument failed. The Virginia Residential Landlord and Tenant Act does not prohibit notice via certified mail and the parties’ lease allowed it.
Appeals: Court dismisses appeal of emergency substantial risk order
Where a man challenged the entry of an emergency substantial risk order, but the order had expired, the man did not argue the order had collateral consequences and the “capable of repetition, yet evading review” exception was inapplicable, the appeal was dismissed as moot.
Negligence: Inmate sues commonwealth after contracting Covid-19
Where an inmate sued the commonwealth, alleging its negligence led him to contract Covid-19 while incarcerated, the circuit court wrongly granted the commonwealth’s plea in bar. This court has rejected the use of the municipal liability test in suits against the commonwealth for the manner in which prison personnel effectuated its policies.
Dismissal of Walmart shopper’s malicious prosecution claim affirmed
Virginia Court of Appeals affirms dismissal of malicious prosecution suit, ruling Walmart had probable cause based on surveillance video evidence.
Tort: Wal-Mart had probable cause to prosecute man for shoplifting
Where video showed a man concealing products and swapping them in boxes, Wal-Mart had probable cause to prosecute him for shoplifting. As such, it prevailed on the man’s malicious prosecution claim.
Fraud: Family alleges decedent’s administrator stole money from wrongful death suit
Where members of a family alleged the administrator for the decedent’s estate failed to distribute payments from a wrongful death suit, but their suit was filed beyond the applicable statutes of limitation, and there was no basis to toll the statutes, the suit was dismissed.
Fraud: HOA dodges suit over failure to disclose asbestos
Where the purchasers of a condominium discovered, eight years later, there was asbestos in the flooring, their fraudulent concealment suit against the homeowners’ association was dismissed. They failed to plead facts showing the association owed them any duty in tort or that the association had any intent to conceal the information.
Tort: $150,000 libel judgment is affirmed
Where a defamation plaintiff introduced additional statements by the defendant about the plaintiff – including that the plaintiff was a terrorist, that the defendant wanted to “unleash hell” on the plaintiff and contemplated interfering with the plaintiff’s business – the trial court did not err in admitting these statements. This evidence made the existence of actual malice “more prob[...]
Contract: Parol evidence required to construe ambiguous agreement
Where an agreement governing the distribution of a company’s assets was ambiguous on how a loan to one of the beneficiaries was to be repaid, the trial court must consider all relevant parol evidence.
Legal Tech
- A NOTE FROM THE EDITOR : New dedicated coverage of tech challenges facing law firms and legal departments
- Gemini Legal launches DraftEngine for civil litigation forms
- Lawyers continue to grapple with AI ethical issues
Verdicts & Settlements
- Medical Malpractice – Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Motor Vehicle Negligence – Unicycle rider dies after being hit by car
- Premises Liability – Delivery driver injured by porch decking collapse
Opinion Digests
- Criminal – Allen charge wasn’t abuse of discretion
- Evidence – Expert’s exclusion from trial deemed harmless
- Parent and child – Mother held in contempt for violating visitation order
- Criminal – Court refuses to continue trial despite missing witness
- Criminal – Meth defendant wasn’t entitled to sentencing safety valve
- Tort – Comments about plaintiff were protected opinions
- Real Property – Condo unit owner challenges expansion plans
