Where a multistate corporation’s Virginia income is determined, in part, by the average value of real and tangible property owned and used in Virginia, a tobacco company’s storage and aging of leaf tobacco in Virginia warehouses is not “use” of ...

Tagged with: Justice S. Bernard Goodwyn Supreme Court of Virginia Taxation

Where appellant received drugs from another person to trade for an automobile, the circuit court properly refused to instruct the jury “regarding the single-buyer/seller relationship exception to conspiracy liability.” The deal Harris agreed with Wade via text messages to trade ...

Tagged with: Criminal Justice S. Bernard Goodwyn Supreme Court of Virginia

Where the parties’ indemnity agreement capped payments at $4.9 million, the trial court’s award of more than $1 million in attorney fees and costs to the prevailing party, which exceeded the cap, is reversed. The prevailing party is awarded $24,999.94 ...

Tagged with: Contract Justice S. Bernard Goodwyn Supreme Court of Virginia

The commonwealth has the authority to remove a state-owned monument from state owned property. The monument is a form of government speech. To the extent that the document conveying the property to the state and a legislative resolution accepting the ...

Tagged with: Justice S. Bernard Goodwyn Real Estate Supreme Court of Virginia

The trial court incorrectly granted defendants’ motion to strike plaintiff’s malicious prosecution claim after weighing the evidence and making findings of fact without viewing the evidence in a light favorable to plaintiff. Overview Appellant Dill was mistakenly identified as a ...

Tagged with: Justice S. Bernard Goodwyn Personal Injury Supreme Court of Virginia

The circuit court correctly removed two brothers as co-executors of their mother’s estate and replaced them with a disinterested third party. The “strife and conflict between the brothers[,]” resulting in their inability to agree on even the most trivial matters ...

Tagged with: Justice S. Bernard Goodwyn Supreme Court of Virginia Wills & Trusts

Where plaintiff established a presumption of a fraudulent conveyance, the trial court erred by ruling that only the burden of production, but not the burden of persuasion, shifted to defendants to overcome the presumption. “On this issue of first impression, ...

Tagged with: Evidence Justice S. Bernard Goodwyn Supreme Court of Virginia

Where appellee revoked a trust, of which two of her children were trustees, and a New York guardianship court found that appellee was not an incapacitated person, the Fairfax Circuit Court incorrectly ruled that the New York proceeding collaterally estopped ...

Tagged with: Justice S. Bernard Goodwyn Supreme Court of Virginia Wills & Trusts

The trial court erred by retroactively applying a statute, which allows local authorities to erect war monuments and prevents such monuments from being moved or covered, to nullify appellant city’s measures to cover and move statues of Robert E. Lee ...

Tagged with: Civil Practice Justice S. Bernard Goodwyn Supreme Court of Virginia

Where the decedent’s will gave her son an option to purchase real estate devised to her three daughters at “fair market value” within one year of the probate of her will, the term “fair market value” is not a “sufficiently ...

Tagged with: Justice S. Bernard Goodwyn Real Estate Supreme Court of Virginia