Lawyers must refrain from paying themselves from trust account funds when there is a good faith dispute about someone else’s interest in the money, the Supreme Court of Virginia has ruled. The court has affirmed a public reprimand for a ...

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

Sufficient evidence supported the State Corporation Commission’s determination that a requested pilot infrastructure surcharge was just and reasonable. Background In 2015, the Virginia-American Water Company applied to the State Corporation Commission for a general increase in water rates, claiming increased ...

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

Sufficient evidence supported the State Corporation Commission’s determination that a requested pilot infrastructure surcharge was just and reasonable. Background In 2015, the Virginia-American Water Company applied to the State Corporation Commission for a general increase in water rates, claiming increased ...

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

After “only the latest in a string of frivolous lawsuits” against Loudoun County and its various departments, a pro se litigant must pay the county more than $4,000 in attorneys’ fees. She is also barred from bringing more petitions against the County without ...

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

A defendant who murdered two victims within three years was subject to conviction and sentencing for both crimes under the statutory provision addressing such successive murders. Although the separate indictments merely changed the order in which victims were named, the ...

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

After a landlord obtained a default judgment against a commercial tenant for unpaid rent, the circuit court erred in finding that the guarantor waived any objection to the validity of the default judgment by entering a general appearance during post-judgment ...

Tagged with: Civil Procedure Justice D. Arthur Kelsey Landlord/Tenant Supreme Court of Virginia

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge Arenda L. Wright Allen Judge David Bernhard Judge Elizabeth K. Dillon Judge Glen E. Conrad Judge Robert G. Doumar Judge Roger L. Gregory Justice D. Arthur Kelsey

In a takings dispute as to the damage value to the remainder property, the trial court erred in excluding only the government’s appraiser, when the property owner’s expert’s opinion was admitted without a superior basis. Background In 2014, the Commissioner ...

Tagged with: Constitutional Eminent Domain Evidence Justice D. Arthur Kelsey Real Estate Real Property Supreme Court of Virginia

After apparently consenting to adoption by an employee of the delivering hospital, a mother could not prevail on claims that the hospital, its doctors, and the employee’s attorney had tortiously interfered with her parental rights. She never alleged that these ...

Tagged with: Family Law Justice D. Arthur Kelsey Parental Rights Supreme Court of Virginia Tort

A long-term commercial lease with neither a common-law seal nor statutory seal substitutes was effectively month-to-month after a five-year term, and the trial court erred in focusing on “substance not form” to enforce the 15-year term. Background In 2000, a ...

Tagged with: Business Law Contract Justice D. Arthur Kelsey Landlord/Tenant Supreme Court of Virginia