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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 […]
Homeowner’s coverage for ATV denied
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 ruled in favor of coverage due to “ambiguous” language in the insurance contract. Virginia Supreme […]
No arbitration of trust dispute
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 an arbitration agreement. As a result, a provision in the FAA that requires arbitration, if […]
No homeowners’ coverage for ATV
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 an ATV. The Rekowskis owned the ATV. Their daughter was driving it when a tree […]
Court properly apportioned personal injury settlement
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 no federal cases that compel the use of a formula that would have further reduced […]
Failure to produce translator was not constitutional error
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 stepdaughter.” Background Detective Loving interviewed Cortez-Rivas as part of a sex crime investigation. Officer Gomez [[...]
Unlawful force used to expel police officer from premises
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 correctly upheld appellant’s conviction of battering a police officer. Overview Officer Reed was dispatched to […]
Easement owners necessary parties in boundary dispute
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 owners’ property interest, and no party to the litigation sought to protect that interest, the […]
Malicious prosecution claim stated in zoning matter
Where plaintiffs alleged defendants presented false information about alleged zoning violations, which resulted in criminal charges that were later dismissed, the circuit court erred by dismissing plaintiffs’ malicious prosecution claim but correctly sustained a demurrer regarding an abuse-of-process claim. Criminal matter dismissed Mathews County notified the Eubanks of two zoning violations. T[...]
Appeal notice adequately identified case at issue
Even though appellant’s appeal notice identified the commonwealth as the appellee instead of a county prosecutor’s office, the county’s general appearance in the matter waived any defect in the notice. The Court of Appeals erred by ruling that the notice was “fatally defective.” Prior proceedings Appellant Nicholson was convicted in Albemarle General District Court for […]
Written order awarding costs entered too late
Where the circuit court entered a nonsuit order and ruled from the bench 20 days later that defendants would be awarded costs, Rule 1:1(a) barred the court from entering the written order for costs because more than more than 21 days had passed after the nonsuit order was entered. Background Plaintiff Kosko nonsuited a medical […]
Nonsuit costs are nixed by late order
The Supreme Court of Virginia has blocked a $20,000 award of costs to medical malpractice defendants after the plaintiff took a mid-trial nonsuit, ruling the order granting costs came more than 21 days after the nonsuit order. The May 20 decision sharpens the bite of Virginia’s so-called 21-day rule barring further court action 21 days […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
