Free Newsletter
Uncertified nurse examiner properly qualified as expert
The trial court properly qualified a sexual assault nurse examiner as an expert at appellant’s rape trial even though she had not taken the certifying examination. Overview Appellant Wakeman was […]
Force instruction in rape case approved
Where the court instructed the jury that it could convict defendant of forcible sodomy and aggravated sexual battery if it found either that he overcame the victim’s will by force […]
Driver had actual notice of prior license suspensions
Where appellant was convicted of driving after forfeiture of her license, third offense in 10 years, the Court of Appeals correctly concluded that there was sufficient evidence that she knew […]
Admission of unauthenticated records was harmless error
The jury’s failure to award plaintiff damages after finding defendant liable was not flawed by the trial court’s admission of unauthenticated medical records. The error was harmless either because the […]
Expert testimony did not negate contract definition
Where plaintiff sought to delay closing on a real estate purchase after discovering the presence of “hazardous wastes” and “hazardous substances” as defined by the parties’ contract, the trial court’s […]
Expert properly quizzed about disciplinary matter
The trial court correctly ruled that a defense expert in this medical malpractice case could be questioned about findings and conclusions in a medical board disciplinary consent order. Further, two […]
Computer sex solicitation statute constitutional
A statute criminalizing an adult’s use of a computer to solicit sex from a child who the adult “knows or has reason to believe” is less than 15 years old […]
Revocation of lawyer’s license is upheld
“Upon consideration of the record, briefs, and argument, the Court is of opinion that there is no error in the memorandum order that is the subject of this appeal. “A […]
‘Common burden’ permits equitable contribution claim
Where an insurer settled a claim in full after the circuit court ruled the insurer was primarily liable, the settling insurer can seek equitable contribution from the other insurer on […]
Sovereign immunity not abrogated in boat case
Sovereign immunity bars a plaintiff’s simple negligence claim arising from the capsizing of a municipal police boat. Neither the federal savings clause in 28 USC § 1331(1) nor general maritime […]
Defamation claim was incorrectly sent to jury
A defamation verdict for plaintiff is reversed because the complained-of statement expressed an opinion. The claim should not have been submitted to the jury. Overview Defendant Sroufe, the division superintendent […]
Attorney admonished for Rule 3.3(a)(1) violation
The Virginia Supreme Court agrees with a three-judge panel’s memorandum order, which determined that respondent-appellant violated Rule 3.3(a)(1) of the Rules of Professional Conduct and that an admonition is the […]
Verdicts & Settlements
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
Opinion Digests
- Criminal – Sentence for ‘unusually heinous’ conduct is affirmed
- Criminal – Sentence wasn’t unreasonable despite deportation consequences
- Appeals – Waiver in plea agreement forecloses most arguments on appeal
- Appeals – Appellant’s informal brief forfeited appellate review
- Employment – Failure to exhaust administrative remedies dooms Title VII suit
- Jurors – Dishonest juror didn’t violate defendant’s Sixth Amendment rights
- Criminal – Motion to suppress backpack denied where defendant abandoned item
- Civil Rights – Officer denied immunity in fatal shooting case
- Civil Rights – No qualified immunity on excessive force police K-9 claim
- Criminal – Probable cause includes dog’s positive alert for narcotics
- Criminal – Evidence supports obstruction of justice conviction
- Search & Seizure – Inventory search exception applies to warrantless search
