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High court OKs remote hearings for all cases
A new announcement from the Supreme Court of Virginia could open doors for remote hearings to keep litigation moving during the COVID-19 pandemic. Supreme Court Chief Justice Donald W. Lemons said judges may, in their discretion, conduct any civil or criminal matter by electronic audio-visual communication with the consent of the participants. The guidance in […]
Sanctions hurdle removed for discovery stonewall
Accusations of discovery lapses may be common in civil litigation, but what does a lawyer do when his opponent simply ignores routine discovery requests? While attorneys agree it’s rare for a litigant to make no response whatsoever to standard written discovery or to fail to appear at a noticed deposition, Virginia lawyers have long faced […]
A second opinion
The Supreme Court of Virginia says a Henry County judge was too quick to force a hospital to accept 25 cents on the dollar for a heart patient hit with a surprise medical bill. The justices said the judge was wrong to conclude that a contract was invalid just because the patient signed a financial […]
Judges’ Courthouse Advocacy Not Misconduct
Two judges who financially and publicly expressed support for a citizens’ coalition that opposed relocation of the Augusta County Courthouse outside of the city of Staunton did not engage in misconduct in violation of Virginia judicial canons; the Supreme Court of Virginia dismisses charges against them filed by the Judicial Inquiry and Review Commission. ‘Political’ organization […]
Judge evaluations expand to appellate bench
The Supreme Court of Virginia is test driving a new aspect of its Judicial Performance Evaluation program. Lawyers and circuit judges are being asked to evaluate appellate judges for the first time in a pilot project involving three jurists. The process will be similar to that used for measuring the performance of trial court judges. […]
Surety Did Not Make ‘Gift’ to Borrower
Appellant, who deposited a $50,000 certificate of deposit with a bank as collateral for a guaranty to assist his former romantic partner in obtaining a loan for her business, did not make a gift to the former partner; the Supreme Court of Virginia reverses a circuit court holding that appellant, as an accommodation guarantor of […]
Court Upholds ‘Willful Concealment’ Jury Instruction
At defendant’s trial for petit larceny, third or subsequent offense, of store merchandise, the trial court did not err in instructing the jury that “willful concealment” of goods while on store premises is evidence of intent to convert and defraud the owner of the goods, unless there is believable evidence to the contrary; the Supreme […]
Order for Blanket Restoration of Felon Rights Invalid
The Supreme Court of Virginia grants a writ of mandamus to overturn an Executive Order that restored voting and other civil rights to some 206,000 Virginians convicted of a felony who have completed their sentences and periods of supervised release; petitioners – legislative leaders and Virginia voters – have standing and the governor’s clemency power […]
McAuliffe promises swift action after felon-rights ruling
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 able to vote. By midweek, however, a news report questioned whether McAuliffe would be able […]
The Empty Chair
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. The court ruled 5-2 on June 16 that a water heater manufacturer could point to […]
Constructive Trust for Developer’s Lot Reversed
An owner who sold her lot to a developer for cash and a promise to convey a lot in the new subdivision to her is not entitled to a constructive trust on another lot after the developer sold the lot originally assigned to her to another buyer, but she is entitled to damages of $110,000, […]
No Prejudice Shown from Defendant’s Jail Garb
A defendant who was wearing jail-issued clothing when tried for petit larceny, third offense, is not entitled to have his conviction reversed due to prejudice before the jury, the Supreme Court of Virginia holds. The only description in the record of defendant’s clothing is from his counsel – “a green, sort of scrub outfit,” black […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
