A woman convicted of child abuse and neglect successfully argued that the trial judge impermissibly lengthened her sentence by three years. Background Following her conviction for felony child abuse and neglect, a jury fixed a maximum sentence of seven years ...

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

The Supreme Court of Virginia will not disturb an arbitration decision that absolved an Alexandria attorney of ethics accusations and slammed a plaintiff with more than $900,000 in sanctions. The decision by five justices could end a protracted battle over ...

Tagged with: Justice Cleo E. Powell Justice D. Arthur Kelsey Justice Elizabeth A. McClanahan Justice Stephen R. McCullough Supreme Court of Virginia News

In a false-claims settlement for Medicaid overbilling, Virginia’s whistleblower recovery provision entitling relators to a portion of the “proceeds” referred to gross proceeds, not proceeds remaining after the Commonwealth paid appropriate Medicaid refunds to the federal government. Background The relators ...

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

A circuit court had jurisdiction to decide a merger dispute between two churches. Resolution centered on the parties’ merger agreement, not their religious doctrines or other ecclesiastical questions. Background After falling behind on its mortgage payments, Pure Presbyterian Church of ...

Tagged with: Constitutional Contract Declaratory Judgment First Amendment Justice Stephen R. McCullough Real Property Supreme Court of Virginia

In dismissing the Commonwealth’s civil-commitment petition, the trial court misapplied Code § 37.2-905.1. Moreover, dismissal was not supported by the evidence. Background Appellee Troy Giddens was convicted of carnal knowledge and attempted carnal knowledge in violation of Code §§ 18.2-26 ...

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

Although a short will offered for probate had no page numbers, separately initialed pages, or paragraphs running onto the next page, it also presented no evidence of fraud or alteration. Accordingly, it was properly probated as the decedent’s will. Background ...

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

The circuit court erred in in dismissing the plaintiff’s derivative action on the ground that the plaintiff had failed to first make a demand for the limited liability company to take action. No such demand is required when it would ...

Tagged with: Business Law Corporate Corporations Justice Stephen R. McCullough Real Estate Real Property Supreme Court of Virginia

Tenants alleging black mold in their walls and mushrooms growing in their carpet weren’t confined to the rights in Code § 8.01-226.12 Background Tenants sued their landlord and a real estate management company, alleging that the apartment they rented exposed them ...

Tagged with: Justice Stephen R. McCullough Landlord/Tenant Personal Injury Supreme Court of Virginia Tort

Although the General Assembly a decade ago codified the law of mold claims in rental homes, the law does not bar tenants from using common law negligence theories to sue over mold conditions, the Supreme Court of Virginia says. In ...

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

Tenants alleging black mold in their walls and mushrooms growing in their carpet weren’t confined to the rights in Code § 8.01-226.12 Background Tenants sued their landlord and a real estate management company, alleging that the apartment they rented exposed them ...

Tagged with: Justice Stephen R. McCullough Landlord/Tenant Negligence Personal Injury Supreme Court of Virginia Tort