Virginia Case Commentaries

Waiver of Hearsay Objections and Admissibility of Double Hearsay Evidence: An Analysis of RINER v. COMMONWEALTH of Virginia

Date: Sep 18, 2004

Waiver of Hearsay Objections and Admissibility of Double Hearsay Evidence: An Analysis of RINER v. COMMONWEALTH of Virginia Introduction The case of Charles Douglas RINER v. COMMONWEALTH of Virginia...

Affirmation of Legislative Function Exception to Sovereign Immunity in Nuisance Claims: Maddox v. Commonwealth of Virginia

Date: Apr 24, 2004

Affirmation of Legislative Function Exception to Sovereign Immunity in Nuisance Claims Introduction In Maddox v. Commonwealth of Virginia, the Supreme Court of Virginia addressed the issue of...

Application of the Economic Loss Rule in Constructive Fraud Claims: Filak v. George

Date: Apr 24, 2004

Application of the Economic Loss Rule in Constructive Fraud Claims: Filak v. George Introduction Candice L. Filak and her husband, Christian B. Massey, owners of a 36-acre horse farm in Chesterfield...

Enhanced Standards for Anonymous Tips in Investigatory Traffic Stops: JACKSON v. COMMONWEALTH of Virginia

Date: Apr 24, 2004

Enhanced Standards for Anonymous Tips in Investigatory Traffic Stops: JACKSON v. COMMONWEALTH of Virginia Introduction JACKSON v. COMMONWEALTH of Virginia is a landmark decision by the Supreme Court...

Governmental Immunity in Emergency Snow Removal: Gambrell v. City of Norfolk

Date: Mar 6, 2004

Governmental Immunity in Emergency Snow Removal: Gambrell v. City of Norfolk Introduction Daniell E. Gambrell v. City of Norfolk, 267 Va. 353 (Supreme Court of Virginia, 2004), is a pivotal case that...

Limited Sovereign Immunity of Commonwealth Agencies: Insights from *The Rector and Visitors of the University of Virginia v. Tina Marie Carter*

Date: Jan 17, 2004

Limited Sovereign Immunity of Commonwealth Agencies: Insights from The Rector and Visitors of the University of Virginia v. Tina Marie Carter Introduction The Rector and Visitors of the University of...

EDWARDS v. COMMONWEALTH of Virginia: Affirmation of Lesser-Included Offenses and Procedural Preservation under Rule 5A:18

Date: Dec 10, 2003

EDWARDS v. COMMONWEALTH of Virginia: Affirmation of Lesser-Included Offenses and Procedural Preservation under Rule 5A:18 Introduction EDWARDS v. COMMONWEALTH of Virginia, 41 Va. App. 752 (2003), is...

Affirmation of Conviction for Possession with Intent to Distribute: Kelly v. Commonwealth of Virginia

Date: Aug 6, 2003

Affirmation of Conviction for Possession with Intent to Distribute: Kelly v. Commonwealth of Virginia Introduction Kelly v. Commonwealth of Virginia, 41 Va. App. 250 (2003), is a pivotal case...

Reaffirming the Burden of Proof Beyond a Reasonable Doubt in Criminal Convictions: Commonwealth of Virginia v. Louis Scott Hudson

Date: Apr 18, 2003

Reaffirming the Burden of Proof Beyond a Reasonable Doubt in Criminal Convictions: Commonwealth of Virginia v. Louis Scott Hudson Introduction In the landmark case of Commonwealth of Virginia v....

Municipal Immunity for Traffic Regulatory Devices: Analysis of Harrell v. City of Norfolk

Date: Apr 18, 2003

Municipal Immunity for Traffic Regulatory Devices: Analysis of Harrell v. City of Norfolk Introduction Gordon Fletcher Harrell, Jr. v. City of Norfolk is a landmark case decided by the Supreme Court...

Manifest Injustice Exception in Adultery Cases: Insights from Congdon v. Congdon

Date: Apr 9, 2003

Manifest Injustice Exception in Adultery Cases: Insights from Congdon v. Congdon Introduction John Rhodes Congdon, Jr. v. Mary Evelyn Davis Congdon is a significant appellate court decision from the...

Enhancing Liability for Gross Negligence and Battery in School Sports Coaching

Date: Jan 11, 2003

Enhancing Liability for Gross Negligence and Battery in School Sports Coaching Introduction The case of Andrew W. Koffman v. James Garnett addressed critical issues surrounding the liability of...

Punitive Damages in DUI-Related Personal Injury Cases: Insights from Nic Hole Woods v. Armando V. Mendez, et al.

Date: Jan 11, 2003

Punitive Damages in DUI-Related Personal Injury Cases: Insights from Nic Hole Woods v. Armando V. Mendez, et al. Introduction The case of Nic Hole Woods v. Armando V. Mendez, et al. (265 Va. 68)...

Exclusion of Constitutional Officers from the Government Data Collection and Dissemination Practices Act: Insights from Carraway v. Hill

Date: Jan 11, 2003

Exclusion of Constitutional Officers from the Government Data Collection and Dissemination Practices Act: Insights from Carraway v. Hill Introduction The case of Barbara O. Carraway v. Elizabeth S....

Supreme Court of Virginia Limits 'Plain Feel' Doctrine in Frisk Searches

Date: Nov 2, 2002

Supreme Court of Virginia Limits 'Plain Feel' Doctrine in Frisk Searches Introduction In the landmark case Phillip Jerome MURPHY v. COMMONWEALTH of Virginia, the Supreme Court of Virginia addressed...

Negligence and Regulatory Compliance in Commercial Transport: Insights from LEISA D. KIMBERLIN v. PM TRANSPORT, INC.

Date: Jun 8, 2002

Negligence and Regulatory Compliance in Commercial Transport: Insights from LEISA D. KIMBERLIN v. PM TRANSPORT, INC. Introduction LEISA D. KIMBERLIN v. PM TRANSPORT, INC. is a pivotal case...

Broad Interpretation of "Firearm" in Felon Possession Statutes: ARMSTRONG v. COMMONWEALTH of Virginia

Date: Apr 20, 2002

Broad Interpretation of "Firearm" in Felon Possession Statutes: ARMSTRONG v. COMMONWEALTH of Virginia Introduction Eric Wayne ARMSTRONG v. COMMONWEALTH of Virginia, 263 Va. 573 (2002), is a pivotal...

Limitation of the "Small Group Theory" in Governmental Defamation Actions: Analysis of DONALD A. DEAN, JR. v. M. LEE DEARING

Date: Apr 20, 2002

Limitation of the "Small Group Theory" in Governmental Defamation Actions: Analysis of DONALD A. DEAN, JR. v. M. LEE DEARING Introduction The case Donald A. Dean, Jr. v. M. Lee Dearing, decided by...

Clarifying Contract Ambiguity and Corporate Liability: Insights from Eure v. Norfolk Shipbuilding Drydock Corp., Inc.

Date: Apr 20, 2002

Clarifying Contract Ambiguity and Corporate Liability: Insights from Eure v. Norfolk Shipbuilding Drydock Corp., Inc. 1. Introduction The case of Louise Roberts Eure v. Norfolk Shipbuilding Drydock...

Enforcement of Arbitration Clauses Under Permissive Language: TM Delmarva Power v. NCP of Virginia

Date: Jan 12, 2002

Enforcement of Arbitration Clauses Under Permissive Language: TM Delmarva Power v. NCP of Virginia Introduction The case TM Delmarva Power, L.L.C., et al. v. NCP of Virginia, L.L.C., adjudicated by...