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Tag Archives: Supreme Court of Virginia

SCV: Bifurcated, same-day conviction was felony predicate (access required)

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 ...

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SCV: Prior retirement foreclosed line-of-duty benefits (access required)

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 ...

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SCV: FOIA enforcement affidavit satisfied statute (access required)

An affidavit alleging open-meeting violations by a county board of supervisors was sufficient to support a FOIA petition when the affiant swore to her belief in matters presented on information, the Virginia Supreme Court held. Background Appellant Marian Bragg alleges ...

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SCV: Jury should have heard from both valuation experts (access required)

In a takings dispute as to the damage value to the remainder property, the trial court erred in excluding only the government’s appraiser, when the property owner’s expert’s opinion was admitted without a superior basis. Background In 2014, the Commissioner ...

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SCV: FOIA enforcement affidavit satisfied statute (access required)

An affidavit alleging open-meeting violations by a county board of supervisors was sufficient to support a FOIA petition when the affiant swore to her belief in matters presented on information. Background Appellant Marian Bragg alleges that the Rappahannock County Board ...

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SCV: Mold statute doesn’t foreclose common law claims (access required)

Tenants alleging black mold in their walls and mushrooms growing in their carpet weren’t confined to the rights in Code § 8.01-226.12 Background Tenants sued their landlord and a real estate management company, alleging that the apartment they rented exposed them ...

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SCV: Birth mom didn’t allege knowing interference (access required)

After apparently consenting to adoption by an employee of the delivering hospital, a mother could not prevail on claims that the hospital, its doctors, and the employee’s attorney had tortiously interfered with her parental rights. She never alleged that these ...

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SCV: 15-year lease without seal was unenforceable (access required)

A long-term commercial lease with neither a common-law seal nor statutory seal substitutes was effectively month-to-month after a five-year term, and the trial court erred in focusing on “substance not form” to enforce the 15-year term. Background In 2000, a ...

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SCV: License-plate database may violate Data Act (access required)

Pictures and associated data stored in a police department’s automatic license plate reader database are “personal information” under the Data Act, but further factfinding is required to determine whether the record-keeping process allows a license plate number to be linked ...

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