Quantcast

Tag Archives: Justice William C. Mims

No fees from unrepresented siblings in partition case (access required)

Where appellant, relying on a police report, named the wrong person as the defendant driver in a personal injury case, appellant was entitled to file a new complaint naming the correct person after the statute of limitations expired. Background On ...

Read More »

Supreme Court splits on eviction delay power (access required)

Eviction Notice Letter on Front  Door

A divided Supreme Court of Virginia has acceded to a request from the governor to institute a second suspension of Virginia eviction proceedings. The new, four-week freeze was welcomed by legal aid housing advocates, but the court’s Aug. 7 published ...

Read More »

Obstructive act before accrual tolls statute of limitations (access required)

An obstructive act, in this case misrepresenting the value of stock, which occurred before an action for  conversion accrued, tolled the statute of limitations. The stock Appellant Mackey, a law partner in Dodson, Pence, Viar, Woodrum, and Mackey, left the ...

Read More »

Commonwealth’s attorney not immune from defamation claim (access required)

A commonwealth’s attorney can be sued for defamation because the complained-of statements, his explanation of why he fired a long-time employee shortly after he took office, are not covered by absolute quasi-judicial immunity. Background Baker, the appellee in this case, ...

Read More »

Court says prosecutor has exposure to defamation claim (access required)

files-depositphotos_40722795_l-2015

A newly elected commonwealth’s attorney who allegedly maligned a former staffer at a public gathering does not have prosecutorial immunity to the staffer’s defamation claim, the Supreme Court of Virginia decided this month. The justices’ ruling revives a lawsuit against ...

Read More »

Pre-surgery loss-of-use rating determines benefits (access required)

Where appellant’s loss-of-use rating was 74 percent before his hip replacement surgery, workers’ compensation benefits must be based on that percentage, and not his postsurgical loss-of-use rating of 11 percent. The Court of Appeals correctly affirmed the Virginia Workers’ Compensation ...

Read More »