Lawyer-blogger Horace Hunter faced the Supreme Court of Virginia Jan. 8 in the appeal of his disciplinary case, and he said anything he wrote about his clients’ cases is absolutely protected by the First Amendment. First Amendment scholar Rodney Smolla ...Read More »
Call it a finger on the scale of justice. The law sometimes gives an advantage to one side in a lawsuit, allowing a legal “presumption” about some key fact in the case. Presumptions can be overcome, but how much weight ...
Tagged with: Alexandria Circuit Court Justice Cleo E. Powell Justice Cynthia D. Kinser Justice Donald W. Lemons Justice Elizabeth A. McClanahan Justice LeRoy F. Millette Jr. Justice S. Bernard Goodwyn Justice William C. Mims Supreme Court of Virginia News Wills & TrustsRead More »
The Supreme Court of Virginia has opened the door to claims against individual supervisors who take part in the unlawful firing of an employee. The Nov. 1 decision in VanBuren v. Grubb (VLW 012-6-143), decided 4-3, is a victory for ...
Tagged with: Employment Federal Courts Judge James C. Turk Justice Cleo E. Powell Justice Cynthia D. Kinser Justice Donald W. Lemons Justice Elizabeth A. McClanahan Justice LeRoy F. Millette Jr. Justice S. Bernard Goodwyn Justice William C. Mims Supreme Court of Virginia NewsRead More »
A circuit court did not err in granting a property owner summary judgment to allow subdivision of her four lots into eight smaller lots, rejecting appellee’s claim that the subdivision violated the restrictive covenant against subdivision because it did not ...Read More »
A homeowners’ association Declaration that allowed assignment of “a maximum of two parking spaces” within the common area requires spaces to be assigned equally among all lot owners, not unequally allocated among owners with and without garages, and the Supreme ...Read More »
A defendant’s malicious wounding conviction is reversed because the trial court erred in holding a witness who testified at a preliminary hearing was “unavailable” at trial due to a faulty memory; the Virginia Supreme Court majority does not reach the ...Read More »
In dispute over a 30-foot easement on property on Lake Anna, a buried propane tank and well did not constitute an unreasonable interference with the easement owners’ rights, and the Supreme Court of Virginia reverses the contrary decision by the ...Read More »
The Supreme Court of Virginia says the Court of Appeals erred in declining to consider a transcript that was not filed within the 60-day period in Rule 5A:8(a) but that ostensibly was made part of the record by the circuit ...Read More »
A closely watched case about a lawyer who testified against his ex-client has been remanded – but not on the grounds that observers were expecting. In Turner v. Commonwealth (VLW 012-6-089), the high court said that a trial judge in ...Read More »
The Supreme Court of Virginia’s recent resolution of a zoning case by unpublished order has caused confusion both on the high court and among observers, where none is warranted. In its unpublished order in Town of Occoquan v. Elm Street ...
Tagged with: Judge Mary Grace O'Brien Justice Cleo E. Powell Justice Cynthia D. Kinser Justice Donald W. Lemons Justice Elizabeth A. McClanahan Justice S. Bernard Goodwyn Justice William C. Mims Land Use & Zoning Prince William County Circuit Court Supreme Court of Virginia NewsRead More »