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Tag Archives: Justice Elizabeth A. McClanahan

Rezoning evidence admissible in taking case (access required)

Evidence of the probability that appellant’s farmland would be rezoned for commercial use was admissible in this condemnation case to determine the compensation due for land taken to construct a highway interchange. Background The highway commission sought to take a ...

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Jury instruction error in defamation case (access required)

A defamation verdict against appellant is reversed because three statements submitted to the jury had previously been ruled as nonactionable statements of opinion. Background Handberg retained Goldberg to advocate for his son, who attended Loudon County Public Schools. Goldberg supplemented ...

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Justices part ways on vicarious liability (access required)

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The case of a nursing home patient raped by a staff member split the Supreme Court of Virginia in its position on vicarious liability. The justices largely agree that an employer’s liability under the doctrine of respondeat superior is best ...

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Court revives child’s claim vs. church (access required)

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The Supreme Court of Virginia has recognized a church’s “special relationship” duty to protect children from a known dangerous employee. The new opinion also offers a host of guidance in other aspects of pleading a case. The decision builds on ...

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Arson defendant’s statement is admissible (access required)

The totality of the evidence established that an arsonist’s inculpatory statements were knowingly and voluntarily made. Background A jury convicted Nicholas Secret of arson of an occupied dwelling and nine counts of attempted first-degree murder. On appeal, Secret contends the ...

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