Even though plaintiff settled wrongful death and personal injury claims against a medical defendant in Kentucky, that did not bar wrongful death and personal injury claims arising from the same injury against medical defendants in Virginia. Background Appellant Green is ...

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

Where the city of Virginia Beach refused to participate in the closing of an arena development agreement because appellant developer had not fully funded the project before closing on a construction loan, the circuit court properly determined that the city ...

Tagged with: Contract Supreme Court of Virginia

An obstructive act, in this case misrepresenting the value of stock, which occurred before an action for  conversion accrued, tolled the statute of limitations. The stock Appellant Mackey, a law partner in Dodson, Pence, Viar, Woodrum, and Mackey, left the ...

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

Where a county appealed a circuit court ruling that appellees’ short-term rental of a home they owned did not violate county zoning ordinances, the appeal became moot when appellees sold the home. However, the county correctly argues that the circuit ...

Tagged with: Civil Practice Supreme Court of Virginia

The Supreme Court of Virginia has confirmed the wide reaching application of motions craving oyer to support demurrer practice in Virginia civil litigation. Despite a handful of recent circuit court rulings limiting oyer motions to deeds and probate matters, the ...

Tagged with: Civil Practice Justice Charles S. Russell Supreme Court of Virginia

The Supreme Court of Virginia says a Roanoke lawyer is liable to the family of a deceased former law partner for pocketing the proceeds of a long-overlooked stock windfall. The case helps define a statutory tolling provision. The justices said ...

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

A county board of supervisors violated the Virginia Freedom of Information Act by improperly going into closed sessions, and by discussing matters than went beyond the scope of the stated reason for going into closed sessions. Background The Smyth-Bland Regional ...

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

Where a city closed one of two roads from which appellant landowner’s commercial property could be accessed, the trial court correctly ruled this was not a taking that entitled appellant to compensation. Background The landowner’s commercial property has frontage on ...

Tagged with: Judge Leslie L. Lilley Real Estate Supreme Court of Virginia

Where highway construction required appellant to relocate his dental practice, his suit against the highway commissioner for statutory benefits under the Virginia Relocation Assistance Act was properly dismissed. There is no private right of action under the VRAA. Overview Appellant ...

Tagged with: Real Estate Supreme Court of Virginia

Where a condominium association’s insurer waived subrogation against additional insureds, this waiver did not extend to an individual unit owner’s tenant. Facts Sailsman was an individual unit owner in the Chimney Hill Condominium Association. He leased his unit to Alba. ...

Tagged with: Insurance Judge Leslie L. Lilley Supreme Court of Virginia