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Sour result: No pre-litigation attorneys’ fees under lemon law
A car manufacturer didn’t violate Virginia’s “Lemon Law” statute when it offered a refund to a dissatisfied purchaser but refused to pay for all of their pre-litigation attorneys’ fees, the Supreme Court of Virginia has held. Consumers who prevail in a civil action under the Lemon Law statute can recover attorneys’ fees, but “[i]f there […]
No pre-suit attorney fees under lemon law
Collateral or incidental damages under Virginia’s “Lemon Law” do not include pre-litigation attorney’s fees. “Therefore, when a manufacturer provides a refund, it is not required to pay pre-litigation attorney’s fees to satisfy its obligations under the Lemon Law.” Background After experiencing many problems with a new Hyundai vehicle, appellant Ranger, through his attorney, sent Hyu[...]
Neighbors’ boat dock battle resolved
A long simmering landowner dispute over the right to store boats at a private dock in a lakefront community has been resolved by the Supreme Court of Virginia. The owner of a waterfront lot granted an access easement to the owners of two adjacent parcels in exchange for their agreement to build a retaining wall. […]
Prescriptive easement to dock boat recognized
Where appellants docked a boat along appellees’ retaining wall for more than 20 years, they have established a prescriptive easement to dock the boat. The circuit court erred by concluding that after a former owner sold the land, his permission to dock the boat survived the sale. The court correctly concluded that appellants did not […]
County’s machine and tool tax was not uniform
Where a county increased its machinery and tool tax for one year to cover a budget shortfall resulting from prior M&T tax refunds but issued economic grants to offset the tax increase to only those businesses “negatively impacted by the adjustment to the M&T tax,” this resulted in an unconstitutional nonuniform tax. The circuit court […]
Foreign judgment incorrectly recognized
Although the circuit court correctly admitted a will to probate and appointed an estate administrator, the court incorrectly granted summary judgment to a German charity that was making a claim against the decedent’s brokerage account. Background Towsey, the decedent, had dual citizenship in the United States and Germany. After his death, the circuit court appointed […]
Sanctions award of attorneys’ fees upheld
Even though a party didn’t have to pay her own attorneys’ fees, she had incurred reasonable expenses that could be awarded as sanctions, the Virginia Supreme Court has held in a matter of first impression. “We conclude that regardless of whether the attorney’s fees were incurred personally by [the defendant], the fees were incurred on […]
Attorney fee award must be recalculated
Where appellants were sanctioned for filing frivolous claims against an employee, most of the trial court’s sanctions were correct. The attorney fees award, however, must be recalculated. The court awarded attorney fees on the whole of appellants’ claims instead of segregating the sanctionable claim from the rest. Background Gebreyessus worked as a vehicle salesperson for […]
IFTA preempts tax on internet service sales
Appellant was incorrectly denied a refund of county taxes paid on its sale of internet access services. The circuit court determined that a grandfather clause in the Internet Tax Freedom Act allowed the county to impose Business and Professional Occupational License taxes. However, the ITFA preempts Fairfax County’s BPOL. The circuit court’s ruling is reversed […]
High court: Harmless error doctrine limited by VAPA
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 came as the court reversed and remanded previous rulings by a circuit court and the […]
Neighbors can challenge teen treatment center
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 Newport Academy, one of the appellees in this case, wants to open a residential treatment […]
Trust not subject to mandatory arbitration
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 Virginia Uniform Arbitration Act, or VUAA, and the Federal Arbitration Act, or FAA. Furthermore, a […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
Polls
Are you or your law firm cutting back on holiday gifts to clients, colleagues or associates?
- Yes, times are tough (78%, 29 Votes)
- No, it's business as usual (22%, 8 Votes)
Total Voters: 37
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