McGuireWoods LLP cannot be held liable for legal malpractice because it failed to timely file the transcript in an appeal of an $8.3 million verdict against the Wintergreen ski resort, the Supreme Court of Virginia ruled Sept. 16. The Supreme ...

Tagged with: Justice S. Bernard Goodwyn Law Firms Legal Malpractice Supreme Court of Virginia News

A defendant who placed cans of paint in a shopping cart at a home improvement store and took them to the front of the store, where his accomplice attempted to obtain a $398 refund for the paint, which the parties ...

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

Although a woman claims her only overt act was to walk toward a school bus – a second time – after she cursed at and threatened to “get” the driver when the woman’s son was banned from the bus, this ...

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

A 1909 agreement and deed conveyed a fee simple interest and not just a right of way to Norfolk & Western Railway Company, the Supreme Court of Virginia rules in affirming the lower court’s rejection of a property owner’s claim ...

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

At the civil proceeding that adjudicated appellant as a sexually violent predator under Va. Code § 37.2-900, the trial court erred in admitting expert testimony regarding the details of unadjudicated allegations of sexual misconduct the expert learned from police reports, ...

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

A tenant who alleges defendant landlord and property manager misrepresented that mold infestation in his apartment had been remediated, resulting in damage to him from mold growing in his eye and mold infestation of his personal property, can sue defendants ...

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

Landowners’ voluntary conveyance of a 1.44-acre strip of land from their 48-acre tract of land for extension of a public road that bisected their tract into five-acre and 40-acre parcels, did not result in a legal subdivision of the property, ...

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

In reviewing a defendant’s challenge to his detention by police, the Court of Appeals cannot “recast” defendant’s arguments concerning his initial detention into a challenge on appeal to the probable cause for his arrest, and the Supreme Court of Virginia ...

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

A juvenile tried as an adult and found guilty of a crime with a mandatory minimum sentence may not be sentenced to a juvenile disposition, pursuant to Va. Code § 16.1-272, rather than the mandatory minimum sentence, the Supreme Court ...

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

A death-row defendant whose case was remanded for a determination of mental retardation pursuant to Va. Code § 8.01-654.2 is entitled to have the circuit court determine his competency, the Supreme Court of Virginia says, regardless of whether the question ...

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