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Claims against condo directors barred by statute of limitations
A two-year statute of limitations bars a condominium association’s claims that former directors breached fiduciary duties, and conspired to do so, by failing to levy sufficient assessments to maintain reasonable reserve and operating accounts during their tenure. Further, the statute of limitations was not tolled because defendants did not obstruct the association from asserting its […]
Sanction modified in probate order case
The circuit court correctly sanctioned petitioner because its challenge to an order “was not well grounded in fact and warranted by existing law or a good faith argument” to extend, modify or reverse existing law. But the court’s $20,000 sanction is reduced to $12,480, the amount of attorney’s fees the estate administrator incurred. Background After […]
Defendant not entitled to drug sentence safety valve
A defendant is not entitled to relief from mandatory three-year minimum sentences for his convictions of cocaine distribution offenses because the evidence showed he possessed a firearm during the time that controlled buys were made at his home. Overview Under Code § 18.2-248(C), a person guilty of second-offense cocaine distribution may be sentenced to five […]
Resentencing ordered in felony firearm case
A five-year sentence for using a firearm in the commission of a felony is void ab initio because the applicable statute provides for a three-year sentence. Defendant is entitled to resentencing. Resentencing Custis was convicted of robbery, being felon in possession of a firearm and using a firearm while committing a felony. He received a […]
No jurisdiction to review competency determination
The Supreme Court of Virginia lacks appellate jurisdiction to review a circuit court’s determination that a defendant found incompetent in 2005 to stand trial on murder charges must continue to receive in-patient treatment in an effort to restore his competency. Although the circuit court said its ruling could be appealed as a civil commitment order, […]
4th Cir.: Court won’t rehear habeas retroactivity issue
The government was denied rehearing as to a habeas petitioner, previously granted permission to seek relief under the savings clause contained in 28 U.S.C. § 2255. Statement respecting denial (Agee, J.) The issues in this case are of significant national importance and are best considered by the Supreme Court as early as possible. Because the […]
SCV: Malicious wounding intent shown by violent act itself
A defendant’s intent to maim, disfigure, disable, or kill could be inferred solely from the act of pistol-whipping his victim before stealing the victim’s money. Background On March 4, 2014, Otis White Jr. went to visit Appellee Marquez Perkins’s mother, who he’d known for 35 years. At the time of the visit, he had a […]
Transgender Student Bathroom Dispute Remanded
In this suit by a transgender boy who challenged his North Carolina high school’s policy requiring students to use bathrooms designated for their biological genders, the 4th Circuit remands this case, on remand from the U.S. Supreme Court, back to the district court for the limited purpose of resolving whether the case has become moot, […]
Frequent Filer Needs Prefiling Permission
The Supreme Court of Virginia imposes a prefiling injunction against an appellant who has filed and appealed rulings in numerous frivolous lawsuits against service-industry defendants in Northern Virginia; appellant is prohibited from filing any petition for appeal, motion, pleading or other filing without obtaining the services of a practicing Virginia attorney, whose filings would be […]
No Jurisdiction After Sentence Commutation
By order dated Feb. 14, 2017, the court directed the parties to address the impact of the president’s commutation of defendant’s life sentence and, in particular, the questions of mootness and jurisdiction. Upon consideration of the responses to the court’s order, the court finds this appeal to be moot. The appeal is dismissed as moot. […]
Weapons Charge Not Collaterally Estopped
Double jeopardy protection did not preclude the commonwealth from trying defendant on a severed charge of possession of a firearm as a convicted felon, despite his acquittal on burglary and grand larceny charges arising from the theft of a large gun safe from his uncle’s home. Considering an appeal from a judgment of the Court […]
Verdicts & Settlements
- 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
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
