A Virginia Appellate Law Blog
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Groundworks Operations, LLC v. Campbell, Record No. 241092 (Va. Dec. 30, 2025)
In one of two opinions released today, the Supreme Court of Virginia addresses whether the Commonwealth’s wage theft statute applies to unpaid commissions. More
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Cothran v. Jauregui, Record No. 250019 (Va. Dec. 30, 2025)
The Supreme Court of Virginia releases two published opinions today. In this one, it clarifies the scope of the continuing treatment rule in medical malpractice cases. More
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Ingleside Emergency Group, LLC v. Hollis, Record No. 241064 (Va. Dec. 18, 2025)
In this opinion, the Court finds that a whistleblower’s one-year statute of limitations begins running the moment an adverse employment action occurs—even if the employee doesn’t fully understand its significance until later.More
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In re: Hargrove, Record No. 240316 (Va. Dec. 18, 2025)
In this opinion, the Court denies a petition for a writ of actual innocence, filed over three decades after a 1991 conviction for rape, sexual abuse, and abduction.More
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Ellis v. Jolley, Record No. 240930 (Va. Dec. 11, 2025)
In today’s published opinion, the Supreme Court considers whether sovereign immunity protects a municipality and its employee. More
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Doe v. Green, Record No. 240794 (Va. Nov. 26, 2025)
No new opinions come out of the Supreme Court today, but last Wednesday, the Court released an opinion rejecting arguments that a newer, more favorable statute of limitations could apply to claims that accrued years before the statute’s enactment. More
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Commonwealth v. Jackson, Record No. 240843 (Va. Nov. 20, 2025)
The Supreme Court of Virginia releases one opinion today in which it clarifies the fine line between a judge properly considering a defendant’s lack of remorse at sentencing and improperly punishing someone for exercising their constitutional right to plead not guilty. More
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Ticonderoga Farms, LLC v. Knop, Record No. 240772 (Va. Nov. 6, 2025)
The Supreme Court of Virginia releases one opinion today in which it decides when LLC members can be judicially expelled and when an LLC can be forcibly dissolved. More
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Orndoff v. Commonwealth, Record No. 240394 (Va. Sept. 25, 2025)
In today’s sole opinion, a fractured Supreme Court of Virginia discusses under what circumstances a trial court has the power of summary contempt. More
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Commonwealth v. Hubbard, Record No. 240310 (Va. Sept. 11, 2025)
The one published opinion out of the Supreme Court of Virginia today centers on the constitutional limits of police searches during arrests, specifically addressing how intrusive a search can be before it violates Fourth Amendment protections. More
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Swango v. Virginia State Bar, Record No. 241016 (Va. July 31, 2025)
In its sole opinion today, the Supreme Court of Virginia addresses the difference between retainers and advanced legal fees. More
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Toll Road Investors P’ship II v. State Corporation Commission, Record No. 250002 (Va. July 17, 2025)
The Supreme Court of Virginia releases one opinion today in which it affirms the State Corporation Commission’s denial of a toll increase for the Dulles Greenway, rejecting both statutory and constitutional challenges brought by the toll road operator. More
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Harris v. Joplin, Record No. 240450 (Va. June 13, 2025)
In yesterday’s sole opinion, the Supreme Court of Virginia answers the question of whether an unsigned legible copy of a contract can be used to prove the contents of an illegible signed contract. More
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Commonwealth v. Kartozia, Record No. 240294 (Va. June 6, 2025)
The Supreme Court of Virginia releases one opinion today in which it addresses the “good-faith claim-of-right defense.” More
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Under Wild Skies, Inc. v. National Rifle Association of America, Record No. 240683 (Va. May 29, 2025)
The Supreme Court of Virginia releases two opinions today. In this one, it rejects the doctrine of adequate assurance in contract law. More
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Commonwealth v. Paxton, Record No. 240326 (Va. May 29, 2025)
In one of two opinions issued today, the Supreme Court applies constitutional harmless error analysis to reinstate a second-degree murder conviction. More
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Norfolk Southern Rwy. Co. v. SCC, Record No. 240869 (Va. May 22, 2025)
The Supreme Court of Virginia issues one published opinion today in which it strikes down a 2023 statute designed to accelerate broadband expansion. More
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Schmidt v. Deel, Record No. 240264 (Va. Apr. 24, 2025) (unpub.)
The Supreme Court releases a single unpublished order today in which it rules that unpaid child support obligations can be pursued as contractual claims potentially reaching back years before any court petition for support is filed. More
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Shaw v. Commonwealth, Record No. 240212 (Va. Apr. 17, 2025)
The Supreme Court of Virginia releases one opinion today in which it finds that harmless error applies to a trial court’s decision to exclude expert testimony. More
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Commonwealth v. Castillo Canales, Record No. 230829 / Castillo Canales v. Commonwealth, Record No. 230934 (Va. Apr. 10, 2025)
In this, one of two opinions released today, the Supreme Court of Virginia case addresses the interpretation of Virginia Code § 19.2-306.1, which governs how courts may sentence individuals who violate probation terms. More
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Poulson v. Commonwealth, Record No. 240081 (Va. Apr. 10, 2025)
The Supreme Court of Virginia releases two opinions today, both criminal cases. In this case, the Court affirms warrantless arrests on home curtilage are constitutional when officers are lawfully present and have probable cause. More
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West Virginia & Appalachian Laborers’ District Council v. State Corporation Commission, Record No. 240315 (Va. Mar. 27, 2025)
The Supreme Court of Virginia issues one opinion today in which it addresses an appeal by the West Virginia & Appalachian Laborers’ District Council challenging the State Corporation Commission’s approval of certificates of public convenience and necessity for Sycamore Cross Solar LLC’s proposed 240-megawatt solar facility. More
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Welsh v. Commonwealth, Record No. 230800 (Va. Mar. 20, 2025)
In today’s sole opinion from the Supreme Court of Virginia, the Court reversed a defendant’s murder convictions, finding that the trial court improperly excluded critical expert testimony that could have influenced the jury’s decision. More
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Amazon Logistics, Inc. v. Virginia Employment Commission, Record No. 230865 (Va. March 6, 2025)
The Supreme Court of Virginia issues only one published order today in which it affirms that Amazon Flex drivers are employees rather than independent contractors, though the ruling hinges entirely on procedural missteps rather than substantive worker classification principles. More
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Commonwealth v. Wilkerson, Record No. 230914 (Va. Feb. 20, 2025)
The Supreme Court of Virginia releases one opinion today in which it reviews a conviction for possession of a controlled substance. More
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Cappe v. Commonwealth, Record No. 240055 (Va. Feb. 13, 2025) (order)
Today the Supreme Court hands down a lone order. More
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Williams v. Panter, Record No. 2021-23-3 (Va. Ct. App. Feb. 4, 2025)
Today is the second Thursday in a row with no opinions from the Supreme Court of Virginia. This past Tuesday, however, the Court of Appeals addressed the constitutionality of Virginia Code § 20-124.2(B2), a recently enacted statute that allows grandparents related to a deceased parent to introduce evidence of that parent’s consent to visitation. More
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Boyette v. Sprouse, Record No. 240135 (Va. Jan. 23, 2025) (order)
Today, only one decision comes out of the Supreme Court of Virginia. In a published order, the Supreme Court affirms the Court of Appeals’ opinion that a “sudden emergency” instruction to the jury was appropriate. More
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Cridler-Smith v. Clarke, Record No. 230450 (Va. Jan. 16, 2025)
The Supreme Court of Virginia reverses and remands a significant ineffective assistance of counsel case in one of the three opinions it issues today. More
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Commonwealth v. Holland, Record No. 230907 (Va. Jan. 16, 2025)
The Supreme Court of Virginia releases three opinions today. This opinion provides important guidance on the proper standard for reviewing plea withdrawal denials and reaffirms the significant discretion given to trial courts in these matters. More
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Al-Saray v. Furr, Record No. 230488 (Va. Jan. 16, 2025)
The Supreme Court of Virginia issues three opinions today. In this one, it reverses the Court of Appeals’ reversal of a $7,000,000 verdict. More
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Bon Secours-DePaul Med. Ctr., Inc. v. Rogakos-Russell, Record No. 230879 (Va. Jan. 2, 2025)
In its first opinion of the year, the Supreme Court of Virginia rejects multiple challenges to a $2 million medical malpractice verdict. More
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OT: I have a wicked talented sister.
No new opinions come out of the Supreme Court of Virginia this Thursday, so I’m going off-topic today to brag about my sister. More
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Baez v. Commonwealth, Record No. 230899 (Va. Dec. 19, 2024)
The Supreme Court determines the admissibility of an officer’s body-worn camera footage. More
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Commonwealth v. Carolino, Record No. 230945 (Va. Dec. 12, 2024)
The Supreme Court of Virginia reverses the Court of Appeals sitting en banc due to appellant’s failure to preserve an issue for appeal. More
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Josephson v. Commonwealth, Record No. 230856 (Va. Dec. 12, 2024)
The Supreme Court of Virginia applies the fugitive disentitlement doctrine. More
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Assignments of Error
No new opinions or orders are handed down from the Supreme Court of Virginia today, so I wanted to share a helpful blog post from a fellow appellate attorney.More
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Johnson-Bey v. Commonwealth, Record No. 230619 (Va. Nov. 27, 2024)
Since the Supreme Court of Virginia’s regular Thursday opinion day falls on Thanksgiving, it issues a published opinion and order today. The opinion, discussed in this post, addresses the temporal reach of Virginia’s 2021 sentencing reform legislation and clarifies when new statutory limits on suspended sentences apply to existing cases. More
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Rebh v. County Board of Arlington County, Record No. 240493 (Va. Nov. 27, 2024) (order)
In a rare move, the Supreme Court of Virginia issues a published order to explain its rationale for dismissing a petition for appeal. More
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Commonwealth v. Wallace, Record No. 240138 (Va. Nov. 21, 2024) (order)
In a published order, a split Supreme Court reverses an en banc opinion from the Court of Appeals concerning the Virginia Computer Crimes Act. More
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Bista v. Commonwealth, Record No. 230721 (Va. Nov. 14, 2024)
In its sole published opinion today, the Supreme Court of Virginia clarifies important issues regarding the admissibility of child victims’ out-of-court statements in sexual abuse cases. More
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Windset Capital Corp. v. Debosky, Record No. 230733 (Va. Oct. 24, 2024) (unpub.)
The Supreme Court issues a published opinion and an unpublished order today. This post discusses the unpublished order, which finds that an unsigned complaint is a legal nullity and void ab initio. More
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King v. Commonwealth, Record No. 230483 (Va. Oct. 24, 2024)
The Supreme Court issues a published opinion and an unpublished order today. This post discusses the published opinion, which clarifies what constitutes “ownership” in unauthorized use of vehicle cases. More
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Jenkins v. Virginia State Bar, Record No. 240276 (Va. Oct. 17, 2024)
After several weeks of no published decisions, the Supreme Court of Virginia issues a relatively short opinion in an attorney disciplinary action. More
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Woodrock River Walk LLC v. Rice, Record No. 1860-23-3 (Va. Ct. App. Oct. 8, 2024)
It’s another Thursday with no new opinions or orders from the Supreme Court of Virginia. On Tuesday, however, the Court of Appeals of Virginia interpreted the federal CARES Act in relation to Virginia’s eviction laws. More
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Jolley v. Ellis, Record No. 0870-23-1 (Va. Ct. App. Oct. 1, 2024)
The Supreme Court of Virginia did not issue any decisions today, but on Tuesday, the Court of Appeals released an opinion discussing the nuances of the ministerial versus the discretionary act of driving for purposes of applying sovereign immunity. More
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Medeiros v. Virginia Dep’t of Wildlife Res., Record No. 230691 (Va. Sept. 26, 2024) (unpub. order)
Rule 5A:8(b)(4)(ii) strikes again. More
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Thomas v. Commonwealth, Record No. 230759 (Va. Sept. 19, 2024)
In a brief unpublished order, the Supreme Court saves a litigant from immediate appellate death by reversing a summary dismissal from the Court of Appeals. More
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Perkins v. Howington, Record No. 1239-23-3 (Va. Ct. App. Sept. 10, 2024)
The Court of Appeals defines “just cause” in the adoption context. More
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Avonlea LLC v. Moritz, Record No. 0952-23-4 (Va. Ct. App. Sept. 3, 2024)
In today’s only civil published opinion, the Court of Appeals describes limits to the authority of a Board of Zoning Appeals.More
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Stafford Cty. Bd. of Zoning Appeals v. Grove, Record No. 2023-23-4 (Va. Ct. App. Aug. 27, 2024)
The Court of Appeals considers whether a respondent may file a demurrer to a petition filed pursuant to Code § 15.2-2314. More
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Norfolk Dept. of Social Servs. v. Goldberg, Record No. 1382-23-1 (Va. Ct. App. Aug. 20, 2024)
The Court of Appeals interprets the bad faith disclosure exception to the general rule that prohibits the disclosure of information related to reports of the abuse of children to DSS.More
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Doe v. Green, Record No. 1450-22-4 (Va. Ct. App. Aug. 6, 2024)
In a case of first impression, the Court of Appeals addresses whether Code § 8.01-249(6) permits a delayed action for childhood sexual abuse.More
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Pegasystems, Inc. v. Appian Corp., Record No. 1399-22-4 (Va. Ct. App. July 30, 2024)
In this 61-page opinion, the Court of Appeals reverses the largest damages verdict in Virginia history.More
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Kosmann v. Brown, Record No. 0367-23-4 (Va. Ct. App. July 23, 2024)
In this week’s published civil opinion, the Court of Appeals decides whether a fiduciary can exercise a general power of appointment. More
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Grady v. Blackwell, Record No. 1520-23-3 (Va. Ct. App. June 18, 2024)
The Court of Appeals explains the proper way to challenge the appointment of an estate administrator.More
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H.C. v. Potomac Hospital Corp. of Prince William, Record No. 0521-23-4 (Va. Ct. App. June 4, 2024)
In today’s sole published opinion, the Court of Appeals analyzes the scope of employment issue in the context of a sexual battery. More
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J&R Enters. v. Ware Creek Real Estate Corp., Record No. 097-23-2 (Va. Ct. App. Apr. 23, 2024)
In today’s sole civil published opinion, the Court of Appeals clarifies the adverse witness rule. More
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Sidar v. Doe, Record No. 0837-23-4 (Va. Ct. App. Apr. 16, 2024)
A trial court clerk’s mistake becomes an appellee’s misfortune. More
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Williams v. Boggess, Record No. 0600-23-3 (Va. Ct. App. Apr. 9, 2024)
In its only published opinion today, the Court of Appeals construes a provision of the Uniform Power of Attorney Act. More
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Davis v. Wal-Mart Assocs., Inc., Record No. 0503-23-3 (Va. Ct. App. Apr. 2, 2024)
The Court of Appeals reviews a Workers’ Compensation decision to decide if a compensable injury exists.More
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Pompell v. Commonwealth, Record No. 1246-23-3 (Va. Ct. App. Mar. 26, 2024)
The Court of Appeals considers whether the statute of limitations can bar the amendment of a felony to a misdemeanor if the misdemeanor is not a lesser-included charge. More
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McNally v. Virginia Dept. of Motor Vehicles, Record No. 0816-23-3 (Va. Ct. App. Mar. 26, 2024)
The Court of Appeals finds no constitutional error in a hearing held pursuant to the State Grievance Procedure. More
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Green v. Portfolio Recovery Associates, LLC, Record No. 0144-22-3, Rehearing en banc granted
The Court of Appeals does not release any new published opinions today, but it does grant a rehearing en banc of the split panel opinion Green v. Portfolio Recovery Associates, LLC, Record No. 0144-22-3. The panel opinion represented a rare appellate win for a pro se litigant. More
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Parrish v. Vance, Record No. 1687-22-4 (Va. Ct. App. Mar. 12, 2024)
The Court of Appeals holds that a landlord and tenant cannot waive the warranty of habitability provided by the Virginia Residential Landlord Tenant Act. More
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Howard v. Harris, Record No. 1499-22-2 (Va. Ct. App. Mar. 5, 2024)
The Court of Appeals reverses summary judgment on two issues: the illegality defense and gross negligence. More
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Stanton v. Virginia Beach – Fire Operations, Record No. 0344-23-1 (Va. Ct. App. Jan. 30, 2024)
The Court of Appeals interprets the tolling provisions of the Workers’ Compensation Act’s change-in-condition statute.More
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Shaw-McDonald v. Eye Consultants of N. Va., Record No. 0067-23-4 (Va. Ct. App. Jan. 30, 2024)
What happens when a bankruptcy trustee fails to administer an injury claim before the bankruptcy case is closed?More
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Boyette v. Sprouse, Record No. 1278-22-2 (Va. Ct. App. Jan. 23, 2024)
The Court of Appeals analyzes and applies the “sudden emergency” doctrine. More
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Smith Development, Inc. v. Conway, Record No. 1245-22-4 (Va. Ct. App. Jan. 9, 2024)
Today, a divided Court of Appeals panel decides whether a legal malpractice action is time-barred due to the “particular undertaking” doctrine.More
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Boxley v. Crouse, Record No. 0183-23-3 (Va. Ct. App. Dec. 28, 2023)
In a rare Thursday opinion, the Court of Appeals discusses easements.More
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Brown v. Kirkpatrick, Record No. 1100-22-1 (Va. Ct. App. Dec. 19, 2023) (en banc)
In a split en banc decision, the Court of Appeals reverses a panel decision that had found that an insured can pursue a tortfeasor for full payment of a judgment when a UIM carrier waives its right of subrogation.More
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Martin v. Lafountain, Record No. 0971-22-3 (Va. Ct. App. Dec. 12, 2023)
In this brief opinion, the Court of Appeals addresses taxpayer standing. More
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Appellate Bonds
The Court of Appeals did not hand down any published opinions today, so let’s talk about appellate bonds instead.More
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Calway v. City of Chesapeake, Record No. 1692-22-1 (Va. Ct. App. Nov. 28, 2023)
What effect does a defective notice of a zoning violation have on any subsequent enforcement action?More
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Graydon Manor LLC v. Board of Supervisors of Loudoun County, Record No. 1012-22-4 (Va. Ct. App. Nov. 21, 2023)
The Court of Appeals discusses the role of a motion to strike in a hybrid trial-appellate context.More
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Baez v. Commonwealth, Record No. 0073-23-3 (Va. Ct. App. Nov. 14, 2023)
The Court of Appeals determines the admissibility of an officer’s body-worn camera footage.More
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Clutteur v. Rosier, Record No. 0104-22-3 (Va. Ct. App. Oct. 31, 2023)
The Court of Appeals reminds us again to double- and triple-check that we are naming the correct party in our suit papers.More
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Neal v. Sec’y of the Dep’t of Veterans Affairs, Record No. 1219-22-4 (Va. Ct. App. Oct. 24, 2023)
In this nuanced opinion, the Court of Appeals explores the role that title may play in an unlawful detainer case. More
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Wright v. Graves, Record No. 1079-22-3 (Va. Ct. App. Oct. 17, 2023)
The Court of Appeals considers whether a plaintiff properly pled his actual innocence after winning habeas relief from his conviction. More
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Anderson v. Clarke, Record No. 230172 (Va. Oct. 12, 2023)
The Supreme Court of Virginia hands down its first published opinion since July. More
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Minor v. Heishman, Comm. of Accounts, Record No. 0980-22-4 (Va. Ct. App. Oct. 10, 2023)
In a lengthy opinion, the Court of Appeals discusses the role of the Commissioner of Accounts. More
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Parrish v. Callahan, Record No. 1342-22-3 (Va. Ct. App. Oct. 3, 2023)
A foreclosed homeowner tries to rescind the sale of his home in the Court of Appeals. More
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Stack v. Larsen, Record No. 1301-22-3 (Va. Ct. App. Sept. 26, 2023)
This is the second go-around in the appellate courts for these parties, fighting over property bequeathed in a will. More
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Amazon Logistics, Inc. v. Virginia Employment Comm., Record No. 0310-22-2 (Va. Ct. App. Sept. 26, 2023)
In a 32-page opinion, the Court of Appeals affirms the Virginia Employment Commission’s determination that Amazon Flex drivers are employees for purposes of unemployment tax. More
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Be Careful What You Ask For…
The Court of Appeals does not hand down any published civil opinions today, so let’s talk about an often overlooked aspect of error preservation: endorsements to orders. More
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Forbes v. Cantwell, Record No. 0212-22-3 (Va. Ct. App. Sept. 12, 2023)
In a split decision, the Court of Appeals discusses easements and the parol evidence rule. More
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City-to-City Auto Sales, LLC v. Harris, Record No. 0728-22-2 (Va. Ct. App. Aug. 29, 2023)
When is it too late to arbitrate? More
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Salunkhe v. Christopher Customs, LLC, Record No. 1195-22-4 (Va. Ct. App. Aug. 22, 2023)
When is an easement public? More
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Navy Fed. Credit Union v. Lentz, Record No. 1115-22-2 (Va. Ct. App. Aug. 15, 2023)
Can a financial institution be held liable for failing to detect a wire transfer scam? More
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LKQ Corp. v. Morales, Record No. 1173-22-4 (Va. Ct. App. Aug. 1, 2023)
In this case from the Workers’ Compensation Commission, the Court of Appeals decides whether a claimant failed to cooperate with vocational rehabilitation without justification. More
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Choi v. Choi, Record No. 0727-22-4 (Va. Ct. App. Aug. 1, 2023)
In a published order, the Court of Appeals determines whether an amendment to its jurisdictional statute affects pending appeals. More
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Miles v. Commonwealth, Record No. 0288-22-2 (Va. Ct. App. July 25, 2023)
The Court of Appeals interprets Rule 5A:18 and two terms within Code § 18.2‑279, which prohibits the discharge of a firearm within an occupied building. More
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Walker v. Commonwealth, Record No. 0464-22-2 (Va. Ct. App. July 18, 2023)
In determining what conditions to place on a person found not guilty by reason of insanity, a trial court must balance the acquittee’s need for treatment and supervision with the interests of justice and society. More
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Blue Pearl Veterinary Partners, LLC v. Anderson, Record No. 1180-22-1 (Va. Ct. App. Jul. 11, 2023)
In this short opinion, the Court of Appeals determines the elements of damages that can be recovered for injury to a pet. More
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Brown v. Kirkpatrick, Record No. 1100-22-1 (Va. Ct. App. July 5, 2023)
In a split opinion, a Court of Appeals panel finds that an insured can pursue a tortfeasor for full payment of a judgment when a UIM carrier waives its right of subrogation. More
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Commonwealth v. Muwahhid, Record No. 0618-22-2 (Va. Ct. App. June 13, 2023)
The Court of Appeals interprets the private-person clause of the Virginia Tort Claims Act. More
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CSE, Inc. v. Kibby Welding, LLC, Record No. 1438-22-3 (Va. Ct. App. June 13, 2023)
Here, the court explores the enforceability of a guaranty. More
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City of Hampton v. Williamson, Record No. 210988 (Va. June 8, 2023)
This opinion and dissent delve into several canons of statutory construction to determine the discovery obligations of a locality in a grievance proceeding. More
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King v. Commonwealth, Record No. 0397-22-1 (Va. Ct. App. June 6, 2023)
In this case, the Court of Appeals explores the limits of the Miller defense. More
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