Lawyers need to choose their medical experts with care. That’s a key lesson from a new Supreme Court of Virginia decision, one lawyer said. The justices refused to overturn a patient’s verdict even though the jury was told that a ...

Tagged with: Chief Justice Donald W. Lemons Justice Cleo E. Powell Justice Stephen R. McCullough Legal Experts Supreme Court of Virginia News

Where the trial court ruled, without hearing any evidence on the matter, that a nursing assistant was within the scope of his employment when he molested and raped an elderly nursing home resident, the trial court erred by removing this ...

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

Where a county abandoned a portion of an unbuilt road that had been part of a real estate developer’s plans, the circuit court correctly ruled that the developer had no vested or constitutional right to build the road. The right ...

Tagged with: Justice Stephen R. McCullough Municipal 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

Even though a father intended to give his children stock in the family business and filed tax documents showing his decreasing share ownership and a corresponding increase for his children, the gifts were ineffective because he never gave them the ...

Tagged with: Civil Practice Justice Stephen R. McCullough 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 indigent respondents are sexually violent predators who violated the terms of their conditional release, they had no due process right to an appointed psychological expert to assist them at the hearing. Ruling “The purpose of the [Code § 37.2-913] ...

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

Even though a written final order had not been entered, a woman seeking to withdraw a guilty plea could not do so after oral sentencing from the bench, the Supreme Court has ruled. The woman claimed she did not realize ...

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

The “manifest injustice” standard applies to defendant’s post-sentencing motion to withdraw her plea. Her lack of a viable defense and the actual or potential collateral consequences of her plea – losing her house or job – do not warrant setting ...

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

The circuit court should have granted a construction company’s motion to compel arbitration after being sued by homeowners for allegedly defective construction. An arbitrator must interpret the arbitration clause in the parties’ contract and determine whether it is impossible to ...

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