Virginia Case Commentaries

Ellis v. Jolley: Ordinary Driving by Municipal Trash Truck Drivers Is Not Protected by Sovereign Immunity, While Municipal Trash Collection Itself Remains Immune

Date: Dec 13, 2025

Ellis v. Jolley: Ordinary Driving by Municipal Trash Truck Drivers Is Not Protected by Sovereign Immunity, While Municipal Trash Collection Itself Remains Immune I. Introduction The Supreme Court of...

Doe v. Green and the Limits of Retroactive Accrual for Childhood Sexual Abuse Claims in Virginia

Date: Nov 30, 2025

Doe v. Green and the Limits of Retroactive Accrual for Childhood Sexual Abuse Claims in Virginia I. Introduction Doe v. Green, decided by the Supreme Court of Virginia on November 26, 2025, addresses...

Commonwealth v. Jackson: Defining the Limits of “Acceptance of Responsibility” in Virginia Probation Revocation Sentencing

Date: Nov 22, 2025

Commonwealth v. Jackson: Defining the Limits of “Acceptance of Responsibility” in Virginia Probation Revocation Sentencing I. Introduction In Commonwealth v. Jackson (Supreme Court of Virginia, Nov....

Direct-Causation Test for LLC Member Expulsion and a Strict, Less-Than-Impossible Standard for Judicial Dissolution in Virginia

Date: Nov 8, 2025

Direct-Causation Test for LLC Member Expulsion and a Strict, Less-Than-Impossible Standard for Judicial Dissolution in Virginia Introduction In Ticonderoga Farms, LLC v. Knop, the Supreme Court of...

Legislative Immunity Covers Local Member Discipline, But Not Gratuitous Third‑Party Defamation: Commentary on Brooks‑Buck v. Wahlstrom

Date: Oct 18, 2025

Legislative Immunity Covers Local Member Discipline, But Not Gratuitous Third‑Party Defamation: Brooks‑Buck v. Wahlstrom Court: Supreme Court of Virginia Date: October 16, 2025 Author: Justice Teresa...

Candor Requires Full Disclosure in Guardianship Petitions: Agreed “Good Faith” Orders Do Not Shield Attorneys from Discipline — Commentary on Pollack v. Virginia State Bar (Va. Oct. 16, 2025)

Date: Oct 18, 2025

Candor Requires Full Disclosure in Guardianship Petitions: Agreed “Good Faith” Orders Do Not Shield Attorneys from Discipline Introduction This commentary analyzes the Supreme Court of Virginia’s...

Summary Contempt Narrowed: Personal Observation Must Establish Voluntary Intoxication Beyond a Reasonable Doubt, and Findings Must Match the Record — Orndoff v. Commonwealth (Va. 2025)

Date: Sep 27, 2025

Summary Contempt Narrowed: Personal Observation Must Establish Voluntary Intoxication Beyond a Reasonable Doubt, and Findings Must Match the Record — Orndoff v. Commonwealth (Va. 2025) Introduction...

Objective Reasonableness, Not Search Labels: Virginia High Court Upholds Limited Underwear Retrievals Incident to Arrest Based on Safety and Evidence-Destruction Risks (Commonwealth v. Hubbard)

Date: Sep 12, 2025

Objective Reasonableness, Not Search Labels: Virginia High Court Upholds Limited Underwear Retrievals Incident to Arrest Based on Safety and Evidence-Destruction Risks Case: Commonwealth v. Hubbard,...

Swango v. Virginia State Bar: The Supreme Court of Virginia Prohibits Non-Refundable Consultation Fees and Clarifies “Retainer” vs. “Advanced Legal Fee”

Date: Aug 5, 2025

Swango v. Virginia State Bar: The Supreme Court of Virginia Prohibits Non-Refundable Consultation Fees and Clarifies “Retainer” vs. “Advanced Legal Fee” 1. Introduction Swango v. Virginia State Bar,...

Balancing User Benefit and Investor Return: The Supreme Court of Virginia Defines the “Reasonable-to-User” Standard and Rebuffs Takings Claims in Toll-Rate Regulation

Date: Jul 23, 2025

Balancing User Benefit and Investor Return: The Supreme Court of Virginia Defines the “Reasonable-to-User” Standard and Rebuffs Takings Claims in Toll-Rate Regulation Introduction In Toll Road...

Harris v. Joplin: Re-affirming the Preponderance Standard and Abuse-of-Discretion Review for Extrinsic Proof of Illegible Contracts

Date: Jun 18, 2025

Harris v. Joplin: Re-affirming the Preponderance Standard and Abuse-of-Discretion Review for Extrinsic Proof of Illegible Contracts 1. Introduction In Harris v. Joplin, Supreme Court of Virginia,...

Establishing a Claim-of-Right Defense in Criminal Trespass: The Objective Evidence Threshold

Date: Jun 10, 2025

Establishing a Claim-of-Right Defense in Criminal Trespass: The Objective Evidence Threshold Introduction In Commonwealth v. Kartozia, the Supreme Court of Virginia addressed whether a defendant...

Virginia Common Law Refusal to Adopt the Adequate Assurance Doctrine

Date: May 30, 2025

Virginia Common Law Refusal to Adopt the Adequate Assurance Doctrine Introduction Under Wild Skies, Inc. v. National Rifle Association of America, 304 Va. ___ (2025), presented to the Supreme Court...

Harmless-Error Review for Post-Invocation Waivers in Commonwealth v. Paxton

Date: May 30, 2025

Harmless-Error Review for Post-Invocation Waivers in Commonwealth v. Paxton Introduction Commonwealth v. Paxton, decided May 29, 2025 by the Supreme Court of Virginia, addresses a core question in...

Affirming Virginia’s Public Use Requirement: Invalidity of Private Takings Under Code § 56-16.3

Date: May 23, 2025

Affirming Virginia’s Public Use Requirement: Invalidity of Private Takings Under Code § 56-16.3 Introduction In Norfolk Southern Railway Co. v. State Corporation Commission (Record No. 240869, Va....

Strict Construction of School Board Sovereign Immunity Waiver Under Code § 22.1-194: Requirement of a Vehicle Involved in an Accident

Date: May 9, 2025

Strict Construction of School Board Sovereign Immunity Waiver Under Code § 22.1-194: Requirement of a Vehicle Involved in an Accident Introduction This commentary examines the Supreme Court of...