Free Newsletter
Realtor’s commission claim revived on appeal
Virginia Court of Appeals rules a city may owe a realtor commission after exercising a right of first refusal under the same terms of a private sale.
Search and Seizure: Circuit court wrongly suppressed results of search
Where the investigatory stop and resultant detention did not exceed the reasonable limits, the circuit court erred in suppressing the evidence obtained following the stop.
Contract: Realtor’s claim for commission is reinstated
Where a realtor alleged facts making it plausible that it was owed a commission, the circuit court erred when it granted a demurrer on this claim.
Parent and child: Mother’s lack of improvement results in termination of her parental rights
Where unstable housing, substance abuse, lack of childcare/supervision and an unsafe home environment were conditions that led to the minor child being placed in foster care, and mother failed to produce any evidence that she substantially remedied any of those conditions, the circuit court’s order terminating her parental rights and approving the goal of adoption was affirmed.
Freedom of Information: Videos showing dog biting inmates are exempt from disclosure
Where requesters sought video and audio recordings of a canine biting inmates, the circuit court erred in ordering their disclosure. Code § 2.2-3706(B)(4) excludes from mandatory disclosure “[a]ll records of persons imprisoned in penal institutions in the Commonwealth provided such records relate to the imprisonment.” Because the videos are saved and maintained to document inmates’ activi[...]
Criminal: Defendant waived ability to challenge probation condition
Where a man convicted of voluntary manslaughter and maliciously discharging a firearm into an occupied dwelling argued that the period of supervised probation exceeds the allowable time under Code § 19.2-303, but he failed to preserve this objection, and the sentencing order is not void ab initio, this court did not reach this issue.
Domestic Relations: Custody award was supported by evidence
Where the circuit court properly considered the statutory factors based on the evidence presented, and found that awarding wife primary custody was in the children’s best interest, that decision was affirmed.
Negligence claim revived in student’s sexual assault case
Virginia Court of Appeals reinstates gross negligence claim against educators in case involving alleged sexual assault of special needs student.
Education: School officials sued following sexual assault of special needs student
Where a parent alleged that school officials displayed no semblance of diligence or care until after a student assaulted her daughter with special needs, the circuit court wrongly dismissed the gross negligence claim.
Criminal: Attempted incest of grandchild conviction is reversed
Where the evidence showed the defendant intended to engage in sexual intercourse with his granddaughter, but he did not commit an action that went beyond mere preparation, his conviction for attempted incest was reversed.
Parent and child: Mother appeals contempt, custody and fees order
Where the record supported the circuit court’s contempt, custody and attorney’s fees award, it was affirmed.
Zoning: Homeowners’ challenge to medical clinic fails
Where homeowners challenged a decision of the Stafford County Zoning Administrator allowing an outpatient behavioral health treatment company to operate a medical clinic out of one of the units in a shopping center, their challenge failed.
Verdicts & Settlements
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice – Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
Opinion Digests
- Prisons – VDOC must respond to discovery requests
- Criminal – Spouses convicted of construction fraud
- Landlord and tenant – Tenant’s challenge to eviction is dismissed
- Tort – Lawsuit by ‘sting’ victim against conservative organization is dismissed
- Criminal – Defendant’s request to withdraw guilty plea is denied
- Employment – Fairfax County prevails on firefighter’s employment claims
- Prisons – Multiple experts precluded in suit over inmate’s death
- Criminal – District court sufficiently explained resentencing decision
- Criminal – Wealth of evidence supports firearm possession conviction
- Criminal – District court wrongly refused to order forfeiture
- Criminal – Man convicted of killing informant
- Negligence – Jury will decide if business was negligent in slip-and-fall case
