A lawyer’s authorized assistant could decide that a hospitalized client had testamentary ability to change her will to depart her estate to her daughter Mary Ann who cared for her, in distinction to an previously will that divided the estate among the her five children, plus the Supreme Courtroom of Virginia reverses the trial courtroom final decision that an attorney couldn't delegate a duty to ascertain testamentary capacity.
A residential landlord doesn't have a responsibility in tort to tenants to comply with making and housing codes about community well being and safety, possibly underneath the common legislation, the leases executed In such cases or perhaps the Virginia Household Landlord and Tenant Act; the Supreme Courtroom of Virginia affirms a trial court docket’s dismissal of a tenant’s fit alleging injuries to a toddler from guide paint poisoning.
Within this litigation arising from a computer seller’s termination of the agreement with a promoting business, neither side wins summary judgment on the vendor’s assert to commission refunds for returned products and solutions, though the Richmond U.
A defendant indicted for possessing cocaine with intent to distribute will not be entitled to suppress cocaine and income located in his vehicle by attacking the trustworthiness from the drug Doggy and authenticity of your video clip of his website traffic stop; the Roanoke U.
In this dispute involving two hospitals in addition to a overall health process approach over payments beneath employee gain ideas, the district court erred in stating the Well being System’s litigation activity meant it “defaulted” on its appropriate to arbitrate the dispute; the 4th Circuit says there’s no for every se prejudice from a dispositive movement along with the medical center plaintiffs did not in any other case clearly show prejudice from delay, their litigation expenditures and any revelation of their “litigation tactic.”
A health care provider who experienced a consulting arrangement with defendant for help in beginning a clinical follow, and who mentioned secretly negotiating obtain on the practice that experienced terminated him, simply cannot sue the consultant who in the end bought the exercise for fraudulent conveyance, breach of fiduciary duties or breach of contract, says an Alexandria U.S. District Courtroom.
An African-The united states feminine personnel of defendant Navy Federal Credit history Union, who responded to an worker counseling session with an abrupt departure and outburst of profanity directed at administration and coworkers, and who turned in her badge, wasn't justified in pursuing her Title VII match alleging discrimination and retaliation, as well as Alexandria U.S. District Courtroom grants defendant summary judgment along with a partial award of legal professional’s charges.
Even though plaintiff hasn't identified a specific staff, plaintiff may sue for negligent hiring and retention on allegations the unknown personnel lacked ability or judgment needed to function an amusement journey in an inexpensive and prudent manner, as well as the Hanover Circuit Court overrules defendant’s demurrer.
S. District Courtroom suggests dismissing her assert relating to a liberty interest in practicing her picked occupation.
While defendant homeowners problem a homeowners association’s right to gather dues evaluation to assist litigation from the association, the Loudoun County Circuit Court docket upholds the board of directors’ steps that led to your assessments, and enters judgment for your Affiliation from the individual homeowners.
The 4th Circuit suggests a defendant convicted of gang-associated racketeering are unable to overturn his convictions with a assert that his Confrontation Clause legal rights have been violated due to the fact the government allowed two El Salvadorian police officers to testify without revealing their identities towards the protection.
A plaintiff’s assertion that defendant driver pleaded guilty to a website traffic informative post infraction but useful source now contests legal responsibility In this particular vehicle-accident personal damage match hasn't shown a substantial have to have to obtain a copy of the transcript or tape of defendant’s interview with the insurance coverage carrier, as well as the Prince William County Circuit Court denies a motion to compel.
A choose didn't violate Virginia judicial canons by appearing inside a courtroom to assist an in depth individual Buddy in a lawful proceeding or by texting a courtroom employee for the duration of night several hours to get a personal phone number, which purportedly associated with a political campaign through the choose’s nephew; the Supreme Courtroom of Virginia dismisses the grievance filed via the Judicial Inquiry and Critique Fee.
A Fairfax Circuit Courtroom upholds a jury award to a lady who alleges defendant radiologist did not diagnose her with Stage I or II breast most cancers after looking through her mammogram, making sure that her most cancers progressed and lowered her chance of survival down below fifty percent; on the other hand, the court docket decreases the award of $2.sixty five million to Virginia’s statutory cap.