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McCullough takes seat on high court
Justice Stephen R. McCullough was invested as the 106th member of the Supreme Court of Virginia on May 23, at a ceremony featuring his family, his colleagues from the Court of Appeals and past co-workers at the Virginia Attorney General’s office. McCullough was tapped for the seat at the end of the 2016 General Assembly […]
Judge needn’t recuse when courtroom regular appears in case
A judge need not automatically recuse himself when a lawyer who regularly appears before the court is a witness or a defendant in a case, according to the Judicial Ethics Advisory Committee. The judge must “introspectively determine” her own impartiality and ability to be fair. And she must review how it looks: If impartiality could […]
A fine plan
Virginia courts are under pressure to make sure traffic offenders have a realistic chance to pay off their court obligations without losing their driving privileges. The Supreme Court of Virginia is expected to consider a rule directing courts to provide affordable payment plans and allow offenders to drive so long as their payments are current. […]
Judges seek reassurance about JPE program
Mindful that some judges have not been re-elected after receiving low scores on the Judicial Performance Evaluation reports, Virginia’s trial judges continue to raise questions as the JPE program enters its third year in its second go-round.
Justices hear products liability appeal
A group of former Virginia Tech students who were poisoned by carbon monoxide from an overworked water heater could get a second chance to recover from the manufacturer of the heater. The Supreme Court of Virginia is considering whether a jury instruction on “superseding cause” could have led a Richmond jury astray when they decided […]
A shadow docket?
A Virginia Beach man says he never got his rightful day in court because the clerk’s office refused to summon his witnesses. Although he blamed his predicament on a so-called “shadow docket” at the clerk’s office, his opponent says it likely was just a miscommunication. A four-justice majority of the Supreme Court of Virginia upheld […]
Sanctions Reversed for Jury Instruction Error
A trial court erred in imposing sanctions of $200 each on two trial lawyers who inadvertently submitted an erroneous jury instruction during trial while defending a riding instructor in a wrongful death case; the Supreme Court of Virginia says the sanction was not authorized by the court’s inherent power or proper under Va. Code § […]
Sanction reversed for jury instruction error
Two trial lawyers who inadvertently submitted an erroneous jury instruction should not have been sanctioned $200 each, the Supreme Court of Virginia said on April 14.
Lemons receives VSB Education Award
Chief Justice Donald W. Lemons of the Supreme Court of Virginia has been named the recipient of the William R. Rakes Leadership in Education Award from the Virginia State Bar section on the education of lawyers. The award recognizes an individual who has demonstrated exceptional leadership and vision in improving and enhancing the state of […]
Court expands judge’s jurisdiction
A Supreme Court order could ease tension at the General Assembly over restrictions on a judge’s service. Virginia Supreme Court Chief Justice Donald W. Lemons has designated General District Judge Robert B. Beasley Jr. to hear cases in an 18-county area outside his normal jurisdiction for the next three months. The designation likely means that […]
Lawyer Sanction Reversed for Late-Filing Denial
A unanimous Supreme Court of Virginia reverses a $1,200 sanction against a plaintiff’s lawyer who declined to voluntarily extend the time in which a defendant might file an answer to plaintiff’s complaint; in refusing to extend the deadline, plaintiff’s counsel was pursuing his client’s best interest and following the client’s express direction. Plaintiff, a heating […]
No sanction for denial of deadline extension
The Supreme Court of Virginia has struck down a $1,200 penalty for a lawyer who refused to allow extra time for an adversary to respond to a lawsuit. In an opinion penned by Chief Justice Donald W. Lemons that outlines the distinction between professionalism and basic ethical standards, the court ruled a trial judge went […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
