The trial court did not err in concluding that Code § 56-49.01(A) allows a natural gas company to gain access to private property for the purpose of conducting surveys and other activities, even if it can show that these activities ...

Tagged with: Justice Cleo E. Powell Real Estate Real Property Supreme Court of Virginia

The owner of one unit in a condominium development stated a breach-of-contract claim against the Condominium Council, based on allegations that its Board unilaterally incorporated it into a non-stock corporation. Background According to her pleadings, Appellant Pammalla Uplinger is a ...

Tagged with: Civil Practice Contract Corporate Per Curiam Opinion Supreme Court of Virginia

Petitioner Darryl S. Jackson Jr. seeks a writ of habeas corpus on grounds that his trial counsel inadequately challenged the sufficiency of the evidence that he possessed a firearm as a person convicted of a felony under Code § 18.2-308.2. ...

Tagged with: Constitutional Criminal Per Curiam Opinion Supreme Court of Virginia

The defendants’ convictions for perjury regarding their response to law enforcement inquiries were not impaired by lack of proof about the exact questions they had responded to. And even though the perjury occurred at the Albemarle County Courthouse in the ...

Tagged with: Criminal Justice Elizabeth A. McClanahan Supreme Court of Virginia

After a $12 million jury award on breach-of-contract and fraudulent inducement claims, the circuit court did not err in vacating the verdict. Lost profits are not recoverable for a fraudulent inducement claim when they are premised on the unenforceable provisions ...

Tagged with: Business Law Contract Justice Elizabeth A. McClanahan Supreme Court of Virginia

The circuit court erred in in dismissing the plaintiff’s derivative action on the ground that the plaintiff had failed to first make a demand for the limited liability company to take action. No such demand is required when it would ...

Tagged with: Business Law Corporate Corporations Justice Stephen R. McCullough Real Estate Real Property Supreme Court of Virginia

The circuit court did not err in confirming the constitutional validity of Virginia General Assembly legislative districts, which the plaintiffs alleged were drawn in violation of Virginia’s constitutional compactness requirement. Background The plaintiffs seek a declaratory judgment that the “State ...

Tagged with: Constitutional Elections Evidence Justice S. Bernard Goodwyn Supreme Court of Virginia

A bifurcated misdemeanor conviction for domestic violence properly served as a predicate for a felony offense tried later the same day, even though no written order or sentence had yet been rendered for the first adjudication. Background Appellant Antonio Lewis ...

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

A retired firefighter diagnosed with throat cancer – an occupational disease – was not a “disabled person” prevented from the further performance of his duties and, thus, was not entitled to continuing health insurance coverage. Background Plaintiff Eddie R. Jones Sr. was ...

Tagged with: Administrative Employment Justice S. Bernard Goodwyn Supreme Court of Virginia Workers' Compensation

When a jury asked whether they could award “legal fees” as compensatory damages, the circuit court abused its discretion by declining to answer the question and simply telling them they had to enter a numeral on the verdict form. Background ...

Tagged with: Attorneys Fees Constitutional Per Curiam Opinion Supreme Court of Virginia