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Claimant’s fainting was not connected to work injury
Although the claimant had previously been injured at work, and then felt faint during physical therapy for that work-related injury, there was insufficient evidence to connect the man’s fainting to the injury. Background On Aug. 11, 2016, while undergoing physical therapy for a work-related lumbar strain, claimant complained that he felt “faint” during an exercise. […]
Appeal dismissed over attorney non-appearance
A claimant who was denied Medicaid coverage had her appeal dismissed because the attorney who appealed the decision was representing the claimant’s authorized representative, and not the claimant. Background Frances Lynch is a resident at Oakwood Health and Rehabilitation Center, which provides her with full time medical care and assistance. She applied for Medicaid coverage […]
No right to preliminary hearing for indicted charge
Where defendant was arrested on a rape warrant, and, after a preliminary hearing, the matter was referred to a grand jury, which issued an indictment of rape, second offense, the trial court correctly refused to dismiss the indicted charge after rejecting defendant’s argument that he was entitled to a preliminary hearing on the indicted charge. […]
CAV: Marital share of company’s value matches ownership
The circuit court did not err in classifying only 30 percent of a litigation-support company’s increase in value during the course of an owner’s marriage as marital property. The court considered evidence as to whether the increase was due to the owner’s personal efforts as opposed to passive or market factors. Background Prior to the […]
CAV: Unknown source of abuse blocks twins’ return home
Twin baby girls who, at about four months old, were found to have bone fractures and subdural hematomas indicative of abuse, could not be returned to their parents’ care when the parents were not forthcoming about how the abuse might have occurred. The mother’s parental rights were terminated after 17 months had passed and she […]
CAV: Court had to value student loans as of couple’s split
For equitable-distribution purposes, the circuit court erred in failing to determine the amount of a husband’s student loans as of the date he and his wife separated. Under the circumstances, it was within its authority to re-open evidence on that issue. Background The parties married in 2006. That year, Husband started a five-year doctoral program […]
SCV: Ratepayers had no right to weigh in on fuel agreements
While fuel-company affiliates entering procurement agreements had to obtain approval from the State Corporation Commission, the Commission sufficiently reviewed the agreements. Such review and approval does not require a formal hearing where the public can raise objections. Background Appellant Sierra Club petitioned the State Corporation Commission for declaratory judgment against Virginia Electr[...]
CAV: Grandmother’s inaction supports refused placement
The circuit court did not err in concluding that a 12-year-old girl who had been fostered for two years by the same family, along with her siblings, should not be placed instead with her incarcerated father’s mother. The father’s family had no relationship with the child, and the grandmother had not responded to multiple attempts […]
CAV: Mother’s lack of contact with kids supports termination
Despite significant compliance with social services requirements to reunite with her five living children, a mother had not substantially remedied the conditions that required them to be placed in foster care. She had not seen the children since they were removed, had no job or driver’s license, and struggled to function independently. Background Appellant Sonya […]
CAV: $1 million Medicaid repayment order upheld
A licensed Medicaid provider serving individuals with intellectual disabilities was ordered to repay a state agency for Medicaid reimbursements it issued, due to findings that the provider failed to submit and/or maintain required documentation to support its payment claims. Because the formal record didn’t contain evidence that such documentation was provided, and because the provider […[...]
4th Cir.: Homestead had no notice of ice near walkway fountain
A guest at the Omni Homestead did not demonstrate that the hotel had either actual notice of ice she slipped on or constructive notice, based on the hazardous condition allegedly caused by operating the outdoor fountain in sub-freezing conditions. Background In November 2013, Plaintiff Ellen Thomas arrived as a guest at the Omni Homestead Resort […]
CAV: Attempted capital murder conviction upheld
A man who initiated a gun fight with a law enforcement officer, apparently while under the influence of alcohol and marijuana, unsuccessfully challenged the trial court’s evidentiary rulings and accepted jury instructions. Background David Frizzell appeals his convictions for attempted capital murder and use of a firearm in the commission of a felony. In October […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
