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Justice Donald W. Lemons

Apr 20, 2020

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 […]

Jan 30, 2018

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 […]

Sep 25, 2017

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 […]

Aug 1, 2017

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 […]

May 1, 2017

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 […]

Apr 25, 2017

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 […]

Feb 1, 2017

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 […]

Aug 1, 2016

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 […]

Aug 1, 2016

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 […]

Jun 27, 2016

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 […]

Jun 13, 2016

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 […]

Jun 13, 2016

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 […]

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