Where a client referred to a residential at-risk youth program murdered a counselor, the circuit court correctly ruled that the exclusive remedy for the counselor’s estate was a workers’ compensation claim. The circuit court properly dismissed negligence and wrongful death ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia Workers’ Comp

Where appellant wife served process of her divorce action on husband by publication, the circuit court correctly vacated a portion of the divorce decree ordering him to pay child support. The court never acquired personal jurisdiction over him. Overview The ...

Tagged with: Domestic Relations Justice D. Arthur Kelsey Supreme Court of Virginia

Where a landlord obtained judgments for unpaid rent and sued the tenants and others for fraudulent and voluntary conveyances, the trial court’s rulings that defendants were jointly and severally liable for the unpaid rent, attorneys’ fees and sanctions are vacated. ...

Tagged with: Contract Justice D. Arthur Kelsey Supreme Court of Virginia

Where police searched a vehicle occupied by appellant and found a handgun in a backpack pouch that was zipped shut, the handgun was secured within the meaning of the concealed weapon statute. As a result, appellant’s conviction for carrying a ...

Tagged with: Criminal Justice D. Arthur Kelsey Supreme Court of Virginia

Virginia lawyers who serve in the General Assembly enjoy outsized powers and privileges in their interactions with the judges who rule on their cases. But any regulation would be impractical, many of them say. In Virginia, lawyer-legislators can have a ...

Tagged with: Del. Jeff Campbell Del. Michael Mullin Del. Terry Kilgore Judge Bonnie L. Jones Judge David M. Hicks Judge Henry Vanover Judges Judicial nominations Justice D. Arthur Kelsey Justice Teresa Chafin Sen. Joe Morrissey Sen. Richard H. Stuart Sen. Scott Surovell Sen. Tommy Norment Virginia General Assembly

Where appellant refused to take a breath or blood test after being arrested for intoxicated boating, he retained the right to challenge the legality of his arrest at trial even though he did not file a pretrial motion to raise ...

Tagged with: Criminal Justice D. Arthur Kelsey Supreme Court of Virginia

Where a state prisoner alleged in a pro se complaint that he tripped and was injured while falling down stairs that the Department of Corrections negligently maintained, the trial court erred by dismissing the complaint with prejudice. Overview AlBritton, an ...

Tagged with: Justice D. Arthur Kelsey Personal Injury Virginia Supreme Court

Where a married couple owned their home as tenants by the entirety and retitled the property to separate revocable trusts as tenants in common, fire insurance claim payments can be garnished to satisfy a judgment against one of the owners. ...

Tagged with: Contract Justice D. Arthur Kelsey Supreme Court of Virginia

An appeal bristling with issues of attorney-client privilege, perilous surveillance technology and the scope of a Virginia “revenge porn” law could be dead in its tracks because the appellant paid off the trial court judgment. The Supreme Court of Virginia ...

Tagged with: Attorney-client privilege Justice D. Arthur Kelsey Supreme Court of Virginia

Where appellee claims that the voluntary payment doctrine moots appellant’s appeals regarding a judgment entered against her, a remand is required for fact finding to determine whether appellant authorized payment of the judgment lien that attached to real estate that ...

Tagged with: Civil Practice Justice D. Arthur Kelsey Supreme Court of Virginia