Free Newsletter
Virginia FOIA does not apply to judiciary
Long distance phone records sought from the judiciary are not public records, as the Virginia Freedom of Information Act does not apply to the judiciary, including its executive secretary. Background On June 20, 2018, the Office of the Executive Secretary was heard on the Executive Secretary’s motion to construe, motion to dismiss, pleas in bar, […]
Judiciary not subject to open records law, judge says
As the Supreme Court of Virginia considers a new batch of rules to govern access to judicial records, a circuit judge explicitly ruled on a proposition the high court has only alluded to. The judge said the judiciary, including the administrative office of the state courts, is not subject to the state’s open records law. […]
Student hurt when column at state school fell on her – $1.6 Million Settlement
Plaintiff, a student at a Virginia public university, tied her hammock to two concrete columns in an open, public area on campus. One of the 800 pound columns fell on her, crushing her abdomen and pelvis. Two people were injured several years earlier when a similar column in the same location fell on them. The […]
Ruling clears judge of judicial misconduct
A ruling by a circuit judge may absolve a general district judge of claims that he misused his judicial status in a property dispute with a neighbor. The decision from retired Circuit Judge William N. Alexander II appears to provide cover for Botetourt County General District Judge William H. Cleaveland, who sought a quiet settlement […]
Head-on collision left plaintiff with severe headaches – $250,000 Verdict
Plaintiff was struck head-on on Va. Rt. 40 in Franklin County by a vehicle operated by the defendant. Defendant veered into plaintiff’s lane of travel. Both vehicles were damaged, and defendant admitted liability for the accident. Plaintiff went to the emergency room at Carilion Franklin Memorial Hospital the day following the accident, and within a […]
Va. Tech verdict likely not the last legal word
CHRISTIANSBURG, Va. (AP) — After a jury concluded Wednesday that Virginia Tech officials were negligent in their actions leading up to the 2007 deadly mass shooting, the state was giving strong signals of appealing the case while the plaintiff’s lawyer highlighted the significance of the case for future claims against state schools. The verdict in […]
University President Out as Defendant
A Montgomery County Circuit Court dismisses, on res judicata grounds, Virginia Tech’s university president as a defendant in this negligence suit filed by the estates of two students who were fatally shot on April 16, 2007, but says plaintiffs’ claims against the commonwealth for gross negligence may go to a jury. On April 16, 2009, […]
Bill: Warrant would be needed for GPS tracking
A bill introduced in Congress this month would put an end to a current police practice – use of a GPS tracking device without a warrant to follow a suspect. The measure would force law enforcement to get a judicial OK before using such electronic surveillance. Supporters say the bill protects basic privacy rights. Police […]
GPS Tracking Device Substitute for Surveillance
A Franklin County Circuit Court denies a defendant’s motion to suppress any evidence obtained against him after a GPS device was attached to his vehicle when it was parked at night on a public street in the city of Bedford, as the device was attached to the outside of the car, there was no evidence […]
Hall: AG should quit Tech shootings case
The lawyer for the families suing Virginia Tech over the April 16 shootings says Virginia Attorney General Ken Cuccinelli should step aside from representing the school because of his public comments about the lawsuits. Accusing Cuccinelli of jeopardizing a fair trial, Robert T. Hall is asking Judge William Alexander to disqualify the attorney general’s office […]
Recusal can be a touchy moment for a lawyer
It can be a ticklish and touchy moment for a lawyer: the judge in a case has a conflict and needs to pass the file to a colleague. But whether, and how, to ask a judge to recuse herself can be a major source of heartburn. As it turns out, judges are much more likely […]
Ad damnum, defamation cases settled while on appeal
Don’t look for rulings from the Supreme Court of Virginia in the Spear ad damnum case or the much-litigated defamation claim of a former Raytheon Technical Services Co. executive. Both have been settled under confidential terms, less than two weeks before a decision was due in the Raytheon case next Thursday and less than a […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
