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 […]
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 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Verdicts & Settlements
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
Opinion Digests
- Freedom of Information – Exemption 5 protects draft PTAB written decision
- Fraud – Homeowners’ RICO claim is dismissed
- Criminal – Sex-offender convicted of providing false information
- Evidence – Defendants must respond to post-judgment discovery
- Patent and trademark – Several claims found to be ineligible for patent protection
- Criminal – Evidence supports robbery conviction
- Administrative – Internal Communications Among Patent Judges – Withheld Materials
- Criminal – Denial of continuance wasn’t abuse of discretion
- Criminal – Felony eluding conviction violated Double Jeopardy clause
- Criminal – Defendant was wrongly convicted of two counts of hit-and-run
- Criminal – Sexually-violent predator denied conditional release
- Constitutional – Redistricting effort violated Virginia Constitution













