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Two-step challenge to no-contest clause is OK
Since ancient times, the wealthy have sought to ensure their assets are distributed the way they intend and to foil any effort by survivors to undermine their estate plans. The practice continues, with wills and trusts using language that revokes legacy benefits for anyone who dares challenge the terms of the testamentary document. A recent […]
A wary eye
Officials with Virginia courts and state bar groups were keeping a wary eye on developments as preparations intensified to slow the spread of the new coronavirus, also known as COVID-19. As of March 12, 15 people in Virginia had tested positive for the virus, according to state officials, and colleges and universities were announcing plans […]
Court: Judge too quick to strike med mal case
Expert testimony that the timely examination of an obstetrical patient by the defendant doctors would likely have saved the woman’s life was enough to let the wrongful death case go to a jury, the Supreme Court of Virginia has ruled. While cross-examination may have undermined the plaintiff’s experts, the trial judge considering a motion to […]
A long-distance call
A new rule promises to open opportunities for Virginia lawyers to present trial witnesses by video from distant locations. Witnesses will be allowed to testify by audio-video links at civil trials under the rule that takes effect March 15. The rule may find common use in personal injury cases. The language suggests a judge should […]
Body cam footage helps revive force claim
A former police officer already found liable for false arrest faces additional exposure for civil rights violations based on injuries inflicted in a Petersburg traffic stop, under a Virginia Supreme Court ruling. A jury verdict on assault, battery and malicious prosecution with about $23,000 in damages could be augmented based on civil rights violations and […]
High court: school’s fee–shifting struck
A private school requirement that parents pay legal costs for both sides in court disputes was an “unconscionable” contract provision, the Supreme Court of Virginia has agreed. The court on Jan. 2 affirmed the ruling of a Fairfax County judge that the Flint Hill School in Oakton was overreaching in its demand that parents agree […]
Public education
The newest museum in Richmond opened last fall in a place one might not expect: the Supreme Court of Virginia. But the high court’s Judicial Learning Center, which opened in September, is far from a dry tribute to the rule of law in Virginia. It seeks to bring the law alive, with interactive exhibits and […]
Estate plans overturned after scrutiny
Virginia courts are taking a close look at questionable estate plans. A Virginia jury this month decided that a widow’s will – leaving the bulk of her estate to the lawyer who wrote her will – was procured through undue influence and fraud. The Fairfax County verdict overturned what would have been a $1.5 million […]
Nine judges falter in performance surveys
At least nine incumbent Virginia trial court judges seeking new terms could expect tough questions this month about their reviews from attorneys and others. The Supreme Court of Virginia released Judicial Performance Evaluation reports Nov. 26 for 50 judges eligible for re-election by the 2020 General Assembly. Since the preparation of those reports, three of […]
Pension distribution order fixed after 21 days
A divorced couple’s pension distribution order was final and unassailable after 21 days, according to a ruling last month from the Supreme Court of Virginia. Even though a statute expands the jurisdiction of a circuit court to modify a pension order in certain circumstances, it does not open the door to substantive changes in the […]
‘Piggyback’ appeals nixed in new rule
Despite some local customs and contrary advice from the court’s own rules advisors, the Supreme Court of Virginia says one party’s appeal from general district court will not bring all other claims and issues before the circuit court. Effective Jan. 1, a new rule will state that, in civil cases, a notice of appeal “does […]
Court highlights rules for medical records evidence
Lawyers can look to a recent Supreme Court of Virginia ruling for guidance on admission of medical records at trial, even though the justices deemed improper admission of a doctor’s file to be harmless error in the case. With a Nov. 7 published order, the court affirmed a “no damages” verdict from a Norfolk jury […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
