An executor can sue a railroad company whose train fatally struck her husband, who was walking adjacent to railroad tracks, listening through earbuds to music on his cell phone, when he was struck by a part of the train that ...Read More »
After his blanket felon-rights restoration order was struck down by the Supreme Court of Virginia July 22, Gov. Terry McAuliffe’s administration said it would move quickly to ensure thousands of felons hoping to cast ballots in November’s election would be ...
Tagged with: Judge Stephen R. McCullough Justice Cleo E. Powell Justice D. Arthur Kelsey Justice Donald W. Lemons Justice Elizabeth A. McClanahan Justice S. Bernard Goodwyn Justice William C. Mims Supreme Court of VirginiaRead More »
Applying the standard for a duress defense adopted in Small v. Commonwealth, the Supreme Court of Virginia upholds a circuit court decision that defendant felon’s possession of a handgun as a response to a reported threat to his girlfriend did ...Read More »
The Supreme Court of Virginia upholds a circuit court decision that the commonwealth was prejudiced by defendant’s three-year delay in moving to withdraw his plea of guilty to possessing a weapon as a convicted felon, a delay defendant attributed to ...Read More »
A Republican legal challenge to Democratic Gov. Terry McAuliffe’s politically charged blanket rights restoration for convicted felons could be decided on how the case reached the doors of the state Supreme Court. The justices conducted oral arguments in the voting ...Read More »
The Supreme Court of Virginia reverses a trial court decision dismissing Dominion Power’s petition to condemn 7.88 acres of a landowner’s 354-acre series of tracts and awarding the owner $312,575 in attorney’s fees and $141,866 in costs and expenses; the ...Read More »
A group of former Virginia Tech students who were poisoned by carbon monoxide from an overworked water heater may not recover from the manufacturer of the water heater in their products liability suit alleging breach of warranty and negligence; a ...Read More »
Despite a plea from trial lawyers for guidance on when a defendant can cast blame on outsiders in a tort case, the Supreme Court of Virginia’s latest ruling on the issue of superseding cause is unlikely to resolve the issue. ...
Tagged with: Judge Walter W. Stout III Justice Cleo E. Powell Justice Donald W. Lemons Justice LeRoy F. Millette Jr. Supreme Court of Virginia Virginia Association of Defense Attorneys Virginia Trial Lawyers AssociationRead More »
Mindful that some judges have not been re-elected after receiving low scores on the Judicial Performance Evaluation reports, Virginia’s trial judges continue to raise questions as the JPE program enters its third year in its second go-round.Read More »
A self-storage company that agreed in a subdivision plat recorded with the city to reserve a 50-foot right of way in favor of the city for possible street expansion, and to waive any damages to the residue if the city ...Read More »