Where appellee revoked a trust, of which two of her children were trustees, and a New York guardianship court found that appellee was not an incapacitated person, the Fairfax Circuit Court incorrectly ruled that the New York proceeding collaterally estopped ...

Tagged with: Justice S. Bernard Goodwyn Supreme Court of Virginia Wills & Trusts

Where most of the real estate on which appellees wished to build a cluster development was outside of an area designated for water and sewer extensions, appellees must submit their plan for planning commission review. The statute exempting cluster developments ...

Tagged with: Justice Stephen R. McCullough Real Estate Supreme Court of Virginia

Statements contained in appellant’s disciplinary form lacked the requisite “sting” to be actionable as defamation. Further, any republication of the statements and other statements made in proceedings before the Virginia Employment Commission are absolutely privileged. Overview Appellant Shannon was the ...

Tagged with: Chief Justice Donald W. Lemons Supreme Court of Virginia Tort

Where appellant made a successful Batson challenge after the Commonwealth exercised a peremptory strike to remove the only “African American on the venire[,]” the trial court did not abuse its discretion by declining to reseat the improperly struck juror because ...

Tagged with: Criminal Supreme Court of Virginia

Where the general district court determined that appellant had a mental illness and ordered involuntary admission and treatment, appellant cannot appeal the commitment order because he was released from treatment, and the order had expired, before the hearing was held. ...

Tagged with: Civil Practice Supreme Court of Virginia

Where a proposed instruction would inform the jury that appellant could petition for a geriatric release once he served five years of his sentence, appellant’s motion to include information that only a small percentage of offenders were actually granted such ...

Tagged with: Criminal Supreme Court of Virginia

The trial court erred by retroactively applying a statute, which allows local authorities to erect war monuments and prevents such monuments from being moved or covered, to nullify appellant city’s measures to cover and move statues of Robert E. Lee ...

Tagged with: Civil Practice Justice S. Bernard Goodwyn Supreme Court of Virginia

Where there was sufficient evidence from which a jury could conclude that the appellee defrauded appellant, the court erred by setting aside the jury’s verdict on the basis that appellant could not prove where she obtained $100,000 that she gave ...

Tagged with: Civil Practice Supreme Court of Virginia

An award of attorneys’ fees can be proper in a case for breach of a covenant not to sue, the Supreme Court of Virginia has ruled in a case of firm impression. Virginia adheres to the American Rule on attorneys’ ...

Tagged with: Attorneys Fees Justice William C. Mims Supreme Court of Virginia

Where a shooting victim’s estate alleged that the shooter’s grandparents gave him permission to shoot targets on their property toward the house where the victim was visiting, the trial court erred by sustaining defendants’ demurrer on the basis that they ...

Tagged with: Justice Stephen R. McCullough Negligence Supreme Court of Virginia