A loan servicing company was not in privity with the law firm that represented it in a foreclosure action against a property owner. As a result, when the property owner named only the law firm in an unsuccessful petition to ...

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

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 ...

Tagged with: Chief Justice Donald W. Lemons Criminal Judge Cheryl V. Higgins Justice D. Arthur Kelsey Justice Elizabeth A. McClanahan Justice S. Bernard Goodwyn Justice Stephen R. McCullough Supreme Court of Virginia News

A ruling by the Supreme Court of Virginia that lawyers are not considered in privity with their clients means a former homeowner gets a second chance to challenge a foreclosure. The court’s holding comes in a matter of first impression, ...

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

A driver tagged with a $1.5 million car-crash verdict is not entitled to a setoff for the settlement the injured driver reached with her underinsured motorist carrier, the Supreme Court of Virginia has held. While the Virginia Code allows for ...

Tagged with: Justice S. Bernard Goodwyn Motor Vehicle Accident Supreme Court of Virginia News

A driver tagged with a $1.5 million car-crash verdict is not entitled to a setoff for the settlement the injured driver reached with her underinsured motorist carrier, the Supreme Court of Virginia has held. While the Virginia Code allows for ...

Tagged with: Justice S. Bernard Goodwyn Motor Vehicle Accident Supreme Court of Virginia News

A $1.5 million jury verdict against defendant cannot be offset by plaintiff’s $750,000 payment from her uninsured/underinsured motorist policy. Facts White was driving when Llewellyn backed out of her driveway and struck White’s vehicle. White was seriously injured and sued ...

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

Defendant city’s rezoning of plaintiff’s property after an annexation was not void ab initio. Further plaintiff had no vested right to use the property in a particular way. As a result, plaintiff cannot complain that it was deprived of a ...

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

Any error relating to the prosecutor’s proffer of evidence at appellant’s probation revocation hearing was harmless. The proffered evidence, a newspaper article that quoted the victim’s description of appellant’s actions, was not the only evidence of the nature of the ...

Tagged with: Criminal Justice Cleo E. Powell Justice S. Bernard Goodwyn Justice Stephen R. McCullough Justice William C. Mims Supreme Court of Virginia

Where several financial funds sued in Virginia, claiming that a trustee bank failed to pursue litigation in New York to protect the funds’ interests, the circuit court correctly denied the bank’s motion to dismiss based on forum non conveniens. The ...

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

The circuit court correctly refused to characterize plaintiff as a subsurety who could seek contribution from other cosureties for payment of a loan. Background Elliot leased property from Waller Callison to operate a car dealership, Elliot Chevrolet. Under the five-year ...

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