Under Virginia Code § 38.2-209(A), a trial judge, rather than a jury, is to decide whether an insurance carrier committed a bad faith breach of an insurance contract that warrants an award of attorney’s fees to the insured; the Supreme ...Read More »
The Supreme Court of Virginia had mostly good news this month for lawyers seeking damages in state courts. The court opened doors for disgruntled consumers and removed one possible hurdle for litigants seeking punitive damages. The court also made it ...
Tagged with: Attorney General Mark Herring Consumer Protection Judge Charles F. Sharp Judge F. Patrick Yeatts Judge Joseph J. Ellis Justice Cleo E. Powell Justice William C. Mims Lynchburg Circuit Court Personal Injury Spotsylvania Circuit Court Stafford County Circuit Court Supreme Court of Virginia NewsRead More »
A wife who obtained a deed of trust pursuant to court order to secure payment of husband’s obligations to her under their earlier divorce decree is a lien creditor under Virginia law, and a bank deed of trust recorded outside ...Read More »
A plaintiff may prove a violation of the Virginia Consumer Protection Act by a preponderance of the evidence; the higher burden of proof, clear and convincing, does not apply, and a homeowner with a flooded basement wins a retrial, says ...Read More »
A trial court abused its discretion in joining for trial four separate offenses in which defendant allegedly sold cocaine to a police informant, over a 13-day period, in and around South Hill; a divided Supreme Court of Virginia reverses a ...Read More »
WHITE SULPHUR SPRINGS, WEST VIRGINIA – The Supreme Court of Virginia is willing to call balls and strikes, but don’t look for the court to diagram the entire strike zone. While lawyers should not expect the court to lay out ...Read More »
A captain of criminal investigations in a sheriff’s office who alleges he was fired in retaliation for reporting to the sheriff possible misconduct by other officers is not a “local employee” for purposes of a Virginia statute that protects the ...Read More »
The Virginia Indoor Clean Air Act applies to a hookah lounge, which operates as a restaurant with a retail tobacco store on its premises, the Supreme Court of Virginia says, contrary to the decision of the Court of Appeals; construing ...Read More »
The injury claim seems straightforward. Your client was hurt in a motor vehicle accident. The other driver clearly was at fault. The other vehicle has plenty of insurance. So, why is this case not a slam-dunk winner? If the other ...
Tagged with: Judge Jerrauld C. Jones Justice Cleo E. Powell Justice Cynthia D. Kinser Justice Elizabeth A. McClanahan Justice William C. Mims Norfolk Circuit Court Personal Injury Supreme Court of Virginia NewsRead More »
The Supreme Court of Virginia has reversed itself and restored a $2.5 million wrongful death verdict, revealing disagreement among the justices on two tort law issues. In an Oct. 31 opinion, two justices switched sides on the question of a ...Read More »