Even though the family of a patient who died of surgery complications settled a Kentucky personal injury claim against providers in that state, the family can still sue Virginia providers in a Virginia court for wrongful death. The claim is ...

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

Even though plaintiff settled wrongful death and personal injury claims against a medical defendant in Kentucky, that did not bar wrongful death and personal injury claims arising from the same injury against medical defendants in Virginia. Background Appellant Green is ...

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

A county board of supervisors violated the Virginia Freedom of Information Act by improperly going into closed sessions, and by discussing matters than went beyond the scope of the stated reason for going into closed sessions. Background The Smyth-Bland Regional ...

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

Where appellant claimed that deeds of sale her mother executed gave a 100 percent interest in the conveyed property to appellant, a 2015 final decree that voided the deeds precludes further litigation. We affirm the circuit court’s ruling that appellant ...

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

Virginia courts are taking a close look at questionable estate plans. A Virginia jury this month decided that a widow’s will – leaving the bulk of her estate to the lawyer who wrote her will – was procured through undue ...

Tagged with: Judge John M. Tran Justice S. Bernard Goodwyn Supreme Court of Virginia News Wills & Trusts

Where a durable power of attorney authorized a mother to sell and convey her son’s personal and real property, this did not include the power to make gifts. The circuit court erred by ruling that the mother validly gifted most ...

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

The Virginia Code does not prevent a court from retroactively modifying a temporary spousal support award. Facts Tawes sued to divorce her husband, Everett, and moved for temporary spousal support and a pendente lite hearing on the matter. The trial ...

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

Where an agreement obligated a bar to indemnify the city of Richmond for claims arising from the employment of city police officers, the indemnity clause was not triggered when plaintiff sued an officer working at the bar as an individual ...

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

A circuit judge who believed he could not retroactively modify a pendente lite award of spousal support made a “mistake of law,” the Supreme Court of Virginia has ruled. Overruling both the circuit judge and the Court of Appeals, the ...

Tagged with: Judge Charles James Maxfield Justice S. Bernard Goodwyn Supreme Court of Virginia News

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 ...

Tagged with: Justice Cleo E. Powell Justice Elizabeth A. McClanahan Justice S. Bernard Goodwyn Justice Stephen R. McCullough Real Estate Supreme Court of Virginia