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Beneficiaries’ challenge did not violate will’s no-contest clause
The Court of Appeals of Virginia ruled that trust beneficiaries did not forfeit their inheritance by challenging a trustee’s conduct under a will’s no-contest clause.
Wills and Trusts: Circuit court wrongly interpreted ‘no contest’ clause
Where named beneficiaries moved to disqualify the trustee, the circuit court when it held their suit violated the will’s no-contest clause.
Domestic Relations: Evidence supported conclusion that husband committed adultery
Where record evidence supported the circuit court’s decision that husband committed adultery, its decision granting wife a divorce on grounds of adultery was affirmed.
Relocation of easements isn’t unwarranted hardship
Court of Appeals of Virginia affirms developer’s right to relocate easements under § 55.1-304, finding no economic harm or undue hardship to landowners.
Real Property: Circuit court relocates two easements over objection
Where the landowner unsuccessfully attempted to negotiate the relocation of two easements, and relocating the easements would not result in loss or injury to any real or potential economic benefits and would not cause excessive or unwarranted hardship or adversity, the circuit court did not err when it relocated the easements.
Negligence: Radiologists defeat cancer patient’s malpractice suit
Where a woman alleged her cancer would have been detected earlier if not for the malpractice of two radiologists, the circuit court did not err when it excluded two of her experts or when it granted one doctor’s motion to strike.
Fraud: Plaintiff’s claim is doomed by adverse witnesses’ testimony
Where the plaintiff called adverse witnesses during her case-in-chief, and they provided testimony that is uncontradicted and is not inherently improbable, the plaintiff was bound by that testimony. Because those witnesses testified that conveyance of certain real property was not for any fraudulent reason, the circuit court erred when it found otherwise.
Wills and trusts: Handwritten documents didn’t create binding contract
Where plaintiffs argued that handwritten documents executed by the decedent and her late husband constituted a valid and enforceable contract governing the distribution of the decedent’s estate, this argument failed.
Wills and trusts: Stepmother defeats stepson’s claim to real property
Although a man argued that two parcels of real property belonged to a trust created by his parents, the circuit court did not err when it held the property belonged to the plaintiff’s stepmother.
Tort: Defamation lawsuit is reinstated
Where the circuit court held that the allegedly defamatory statement was true and thus not actionable, it erred. The plaintiff sufficiently alleged the statement – that that she “stole” business e-mails – was false for purposes of pleading an actionable statement upon which a defamation claim may be based.
Constitutional: Code § 18.2-308.4 doesn’t violate Second Amendment
Where the trial court held that Code § 18.2-308.4 violated the Second Amendment, it erred. By possessing both a controlled substance and a firearm, the defendant fell within a class of people presenting a danger to society, and the United States has a historical tradition of disarming the dangerous.
Criminal: Man convicted for preventing assistance to unconscious woman
Where a man prevented others from providing assistance to a woman who was unconscious, nonresponsive and barely breathing, he was convicted of misdemeanor abuse or neglect of a vulnerable adult.
Verdicts & Settlements
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
- Premises Liability- Gas grill explosion left mom with severe burn injuries
- Motor Vehicle Negligence – Crash video showed force of Tesla rear-end collision
- Motor Vehicle Negligence – 74-year-old injured in two-vehicle crash
- Employment- Arbitrator finds unfair labor practices by school
- Medical Malpractice- Gallbladder removal surgery results in reparative procedure
- Motor Vehicle Negligence – Car with mother, two children broadsided, rolled several times
- Motor Vehicle Negligence – Driver, passenger suffer injuries after truck crosses into lane
- Fraud – Jury sides with couple in home construction case
Opinion Digests
- Criminal – Man convicted for role in robbery that ends in murder
- Search & Seizure – Search of defendant’s backpack was not unlawful
- Criminal – Man convicted of strangling, assaulting and abducting his romantic partner
- Criminal – Woman ordered to pay victim $4,359.28 for vehicle damage
- Evidence – Court didn’t err in admitting unavailable witness’s testimony
- Criminal – Sexually violent predator recommitted to Commonwealth’s custody
- Criminal – Felon is convicted for unlawful possession of firearm
- Criminal – Evidence shows police would have inevitably found firearm
- Criminal – Evidence supports fentanyl possession/distribution conviction
- Search & Seizure – Defendant wasn’t entitled to copy of search warrant
- Search & Seizure – Officer didn’t improperly extend traffic stop
- Negligence- Court won’t limit expert testimony at alleged malpractice trial
