Where the trial court excluded an expert’s testimony at appellant’s trial for computer solicitation of a minor, any error was harmless given other overwhelming evidence of his guilt. The trial court excluded the testimony on the basis that the testimony ...

Tagged with: Criminal Justice LeRoy F. Millette Jr. Supreme Court of Virginia

Where the parties’ surety contract provided that if the limitation period for filing a claim against a performance bond was void, then the minimum limitations period under Virginia law would apply, that period is not the five-year default limitation for ...

Tagged with: Contract Supreme Court of Virginia

A driver on a public way who was permanently disabled when a tree fell from private property couldn’t sue for his injuries, because the landowners had no duty to prevent the accident if they didn’t create the danger, the Supreme ...

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

The Supreme Court of Virginia affirmed a lower court’s ruling concluding that a doctor who treated inmates in a Virginia correctional center was protected by derivative sovereign immunity. The state’s high court also granted the doctor’s demurrer to a gross ...

Tagged with: Justice D. Arthur Kelsey Sovereign Immunity Supreme Court of Virginia

Appellant was incorrectly denied a refund of county taxes paid on its sale of internet access services. The circuit court determined that a grandfather clause in the Internet Tax Freedom Act allowed the county to impose Business and Professional Occupational ...

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

Where appellee was severely injured when a tree on appellant’s property fell and crushed appellee’s car, the circuit court incorrectly overruled appellant’s demurrer to a negligence claim. The complaint did not allege that appellant “had engaged in any affirmative act ...

Tagged with: Personal Injury Supreme Court of Virginia

Where a city hired a doctor to provide medical care to inmates in the city’s detention center, the doctor has derivative sovereign immunity and cannot be sued for malpractice by a deceased inmate’s estate. Background Patterson was an inmate in ...

Tagged with: Justice D. Arthur Kelsey Medical Malpractice Supreme Court of Virginia

A trio of homeowners who share a private access easement with a wildlife center for predatory birds have standing to challenge a special use permit which expanded the center and allegedly increased traffic, the Virginia Supreme Court has held. A ...

Tagged with: Supreme Court of Virginia Zoning

The Virginia Supreme Court has affirmed a ruling that the establishment of a commuter route did not trigger a shopping center owner’s obligation to contribute $500,000 under a zoning proffer for public transportation. “The County’s argument that voluntary conditional proffers ...

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

A city’s tax ordinance does not apply to a freelance writer because he does not provide a service and his business is not covered by the ordinance’s catchall provision. Overview Corban Klug owns Regulus Books. Regulus is the holding company ...

Tagged with: Justice LeRoy F. Millette Jr. Supreme Court of Virginia Taxation