The Supreme Court of Virginia has asked the state health commissioner to re-evaluate an application for a certificate of public need, or COPN, from Chesapeake Regional Medical Center for a new open-heart surgery service and cardiac catheterization equipment. The decision ...

Tagged with: Justice Lawrence L. Koontz Jr. Justice Stephen R. McCullough Supreme Court of Virginia

Where the Fairfax County Board of Zoning Appeals approved a treatment center for teenage girls that would operate from a house, neighbors who live or own property next to the proposed center have standing to challenge the BZA’s decision. Background ...

Tagged with: Civil Practice Justice Stephen R. McCullough Supreme Court of Virginia

The denial of a trustee’s motion to compel arbitration pursuant to a clause in the trust has been affirmed by the Virginia Supreme Court. The court concluded that a trust is not a contract subject to mandatory arbitration under the ...

Tagged with: Justice Stephen R. McCullough Supreme Court of Virginia

The Supreme Court of Virginia reversed a lower court’s ruling and denied homeowner’s insurance coverage for an all-terrain vehicle, or ATV, after determining the vehicle did not qualify as a “farm type vehicle.” The Pittsylvania County Circuit Court had previously ...

Tagged with: Insurance Justice Stephen R. McCullough Supreme Court of Virginia

Neither the Virginia Uniform Arbitration Act nor the Federal Arbitration Act compel arbitration of the parties’ trust dispute. Both statutes provide for arbitration of contracts. A trust is not a contract. Moreover, a trust beneficiary is not a party to ...

Tagged with: Justice Stephen R. McCullough Supreme Court of Virginia Wills & Trusts

A homeowners’ policy does not provide coverage for appellee’s accidental injuries sustained while riding on an all-terrain vehicle. Insurance coverage is unavailable because the ATV does not qualify as a “farm type vehicle.” Background Diamond Jones was a passenger on ...

Tagged with: Contract Justice Stephen R. McCullough Supreme Court of Virginia

Where the Virginia Department of Medical Assistance Services asserted a Medicare lien of more than $96,000 on appellant’s $370,000 personal injury settlement, the evidence supports the trial court’s reduction of the lien to $85,000. Contrary to appellant’s argument, there are ...

Tagged with: Justice Stephen R. McCullough Personal Injury Supreme Court of Virginia

There was no Confrontation Clause violation when the commonwealth did not produce at trial the on-scene officer who translated questions and answers when appellant, whose native language is Spanish, was being interviewed “concerning the possible sexual abuse of his underage ...

Tagged with: Criminal Justice Stephen R. McCullough Supreme Court of Virginia

Appellant’s argument that she used lawful force to expel a police officer from her premises is not well taken. She did not ask the officer to leave before she attempted to force him from her doorway. The Court of Appeals ...

Tagged with: Criminal Justice Stephen R. McCullough Supreme Court of Virginia

Where the owners of an easement over a riparian area were not made parties to litigation involving the land that was subject to the easement, the circuit court’s judgment in that litigation is void. Because the litigation involved the easement ...

Tagged with: Justice Stephen R. McCullough Real Estate Supreme Court of Virginia