The circuit court should have set aside a $3 million award in this business dispute because it did not instruct the jury on appellant’s statute of limitations defense. Background Ferguson distributes Trane heating and cooling equipment. Ferguson made a rebate ...

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

Where defendant did not object when his trial date was moved beyond the statutory five-month speedy trial period, the delay was attributable to defendant and his convictions are affirmed. Background Young was arrested for robbery, held without bond and later ...

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

Any error relating to the prosecutor’s proffer of evidence at appellant’s probation revocation hearing was harmless. The proffered evidence, a newspaper article that quoted the victim’s description of appellant’s actions, was not the only evidence of the nature of the ...

Tagged with: Criminal Justice Cleo E. Powell Justice S. Bernard Goodwyn Justice Stephen R. McCullough Justice William C. Mims Supreme Court of Virginia

The Supreme Court of Virginia, by a 4-3 vote, has deferred to a trial judge who allowed a juror to remain trial-eligible, despite the man’s expressed doubts about the fairness of medical malpractice litigation. The decision leaves in place a ...

Tagged with: Chief Justice Donald W. Lemons Judge Joi Jeter-Taylor Justice Cleo E. Powell Justice D. Arthur Kelsey Justice William C. Mims Supreme Court of Virginia News

Foreclosure trustees have fiduciary duties that go beyond those enumerated by a deed of trust, the Supreme Court of Virginia has ruled in a split decision, reminding trustees that they must also consider their duty to serve as a neutral ...

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

Even though a dog in appellant’s custody may have begun to attack a neighbor’s dog while on appellant’s property, the circuit court correctly ruled that the dangerous dog statute’s safe harbor provision does not apply. There was sufficient evidence to ...

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

Where a trustee accepted a $20,900 bid at a foreclosure sale for property assessed at $436,800, the debtor has stated a claim for breach of implied fiduciary duties arising from a deed of trust. The circuit court erred by characterizing ...

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

The Supreme Court of Virginia will not disturb an arbitration decision that absolved an Alexandria attorney of ethics accusations and slammed a plaintiff with more than $900,000 in sanctions. The decision by five justices could end a protracted battle over ...

Tagged with: Justice Cleo E. Powell Justice D. Arthur Kelsey Justice Elizabeth A. McClanahan Justice Stephen R. McCullough Supreme Court of Virginia News

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