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

Where the parties’ amended property settlement agreement required husband to maintain wife as a 50% beneficiary of a life insurance policy, wife’s claim to the insurance proceeds is governed by equity principles rather than substantive law. Wife’s equitable claim is ...

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

Where an acquisition company purchased a construction company’s assets, the purchase included equitable title to stock that the construction company owned but for which no certificates were issued. Overview This is an interpleader action concerning the proceeds of stock certificates ...

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