After granting a judgment debtor’s motion to reduce the amount of a confessed judgment, the circuit court erred in not setting the creditor’s objections to the modified amount for trial. Background On November 19, 2008, Appellee Hunter Mill West executed ...

Tagged with: Business Law Justice Cleo E. Powell Supreme Court of Virginia

The trial court did not err in concluding that Code § 56-49.01(A) allows a natural gas company to gain access to private property for the purpose of conducting surveys and other activities, even if it can show that these activities ...

Tagged with: Justice Cleo E. Powell Real Estate Real Property Supreme Court of Virginia Utilities

Pictures and associated data stored in a police department’s automatic license plate reader database are “personal information” under the Data Act, but further factfinding is required to determine whether the record-keeping process allows a license plate number to be linked ...

Tagged with: Civil Rights Justice Cleo E. Powell Supreme Court of Virginia

One expert should have been heard; another was heard but fell short on linking negligence to damages. Those were the rulings from the Supreme Court of Virginia last month in two medical malpractice cases that help define standards for expert ...

Tagged with: Justice Cleo E. Powell Justice S. Bernard Goodwyn Supreme Court of Virginia News

Considering amendments to Virginia’s actual-innocence statutes, no rational factfinder would have found the petitioner guilty beyond a reasonable doubt. Background In 1977, 12-year-old A.C. was brought to the emergency room by her mother. A.C. reported being raped by multiple assailants ...

Tagged with: Criminal Evidence Justice Cleo E. Powell Supreme Court of Virginia

The plaintiff’s medical expert, who was preferred only to opine on the standard of care in performing a hysterectomy, could not present testimony on whether and how the patient’s outcome would have been different had the defendant called for a ...

Tagged with: Evidence Justice Cleo E. Powell Medical Malpractice Personal Injury Supreme Court of Virginia Tort

Defendant Virginia Department of Transportation properly offered reconveyance of acquired property at the price paid for land and improvements, even though it had removed the improvements in the interim, the court held. Plaintiff David Kalergis owned a 55-acre farm in ...

Tagged with: Justice Cleo E. Powell Real Estate Supreme Court of Virginia

The Supreme Court held that the as-yet unfiled tax returns of Appellants/Debtors Elizabeth Shifflett and Cassandra Deane were not subject to a writ of fieri facias issued by Appellees/Creditors Latitude Properties Inc. and Shen Valley Band Instrument Service Inc. under ...

Tagged with: Civil Procedure Justice Cleo E. Powell Supreme Court of Virginia

The Supreme Court of Virginia affirmed a circuit court ruling that Appellant Nathan Lee Shin unreasonably refused to submit to a breath test. On August 29, 2015, Shin was detained on suspicion of DWI. After Shin declined to provide a ...

Tagged with: Justice Cleo E. Powell Supreme Court of Virginia Traffic Offenses

The Supreme Court upheld a perjury conviction for a man earlier tried for the larceny of his ex-girlfriend’s dog. Appellant David Stanley James Pijor was previously charged with larceny related to the disappearance of a dog owned by his ex-girlfriend, ...

Tagged with: Criminal Justice Cleo E. Powell Supreme Court of Virginia