The Supreme Court of Virginia, by a 4-3 margin, has agreed with plaintiffs’ lawyers that a lawsuit targeting the alleged negligence of a driver could be revived after nonsuit even though the plaintiff initially named the car’s owner and not ...

Tagged with: Justice D. Arthur Kelsey Justice William C. Mims Negligence Supreme Court of Virginia

Where appellant, relying on a police report, named the wrong person as the defendant driver in a personal injury case, appellant was entitled to file a new complaint naming the correct person after the statute of limitations expired. Background On ...

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

A divided Supreme Court of Virginia has acceded to a request from the governor to institute a second suspension of Virginia eviction proceedings. The new, four-week freeze was welcomed by legal aid housing advocates, but the court’s Aug. 7 published ...

Tagged with: Chief Justice Donald W. Lemons Coronavirus eviction Gov. Ralph Northam Housing Justice D. Arthur Kelsey Justice William C. Mims Supreme Court of Virginia

Where a retailer petitioned to aggregate its stores’ electric power demand to enable the purchase of electricity from private utilities, the State Corporate Commission properly denied the petition because it was not in the public interest. Overview Wal-Mart appeals from ...

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

A beneficiary’s declaratory action to determine rights and duties did not violate a trust’s no-contest clause. Background Charles and Theresa Hunter had two children, Chip and Eleanor, and a granddaughter. Charles and Theresa each created trusts naming the children and ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia Wills & Trusts

Since ancient times, the wealthy have sought to ensure their assets are distributed the way they intend and to foil any effort by survivors to undermine their estate plans. The practice continues, with wills and trusts using language that revokes ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia News Wills & Trusts

The Court of Appeals correctly affirmed appellant’s conviction under the hit and run statute after determining there was sufficient evidence to show that he failed to satisfy either of the two post-accident reporting requirements. However, the Court of Appeals should ...

Tagged with: Criminal Justice D. Arthur Kelsey Justice Stephen R. McCullough Justice William C. Mims Supreme Court of Virginia

Where appellant and her probation officer agreed to extend her probation indefinitely to let her complete a substance abuse rehab program, and the circuit court so ordered, she cannot attack the order as being void ab initio and thus negating ...

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

Where plaintiffs alleged tort and contract claims arising from defendant’s construction of a home and  post-construction attempts to repair leaks and remediate the resulting mold, the trial court erred by granting defendant’s demurrers and dismissing all claims. Overview The appeal ...

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

A homeowner association’s seasonal decoration guidelines exceeded its declaration of restrictive covenants and are thus unenforceable. The circuit court’s judgment, which upheld fines imposed against appellant property owners for violating the guidelines, and which awarded attorney fees and costs, is ...

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