Virginia Case Commentaries

Indefinite-Form Probation Clauses Are Not Facially Invalid When Statutory Caps Apply: Commonwealth v. Moncrea

Date: Apr 4, 2026

Indefinite-Form Probation Clauses Are Not Facially Invalid When Statutory Caps Apply: Commonwealth v. Moncrea Supreme Court of Virginia (Apr. 2, 2026) — Record No. 240844 1. Introduction In...

Lee v. Virginia State Bar: Harmless-Error Cure for Alleged Bar Certification Irregularities After De Novo Discipline Trial

Date: Mar 21, 2026

Lee v. Virginia State Bar: Harmless-Error Cure for Alleged Bar Certification Irregularities After De Novo Discipline Trial Introduction In Lee v. Virginia State Bar (Va. Mar. 19, 2026), the Supreme...

Clarifying “Promptly” on Remand and Ending § 8.01-626 Interlocutory Jurisdiction After a Stay-Only Order

Date: Mar 19, 2026

Clarifying “Promptly” on Remand and Ending § 8.01-626 Interlocutory Jurisdiction After a Stay-Only Order Introduction Koski v. Republican National Committee (ORDER) is an order of the Supreme Court...

“Just Cause” Under Code § 63.2-1202(H) Is a Discretionary, Totality-of-Circumstances Standard (Not a Per Se Rule) Even When a No-Contact Order Exists

Date: Mar 14, 2026

“Just Cause” Under Code § 63.2-1202(H) Is a Discretionary, Totality-of-Circumstances Standard (Not a Per Se Rule) Even When a No-Contact Order Exists I. Introduction In Perkins v. Howington (Va. Mar....

Koski v. Republican National Committee: Broad Election-Enjoining TRO Treated as Appealable Preliminary Injunction; Scott v. James Prudential Bar on Enjoining Referenda

Date: Mar 7, 2026

Koski v. Republican National Committee: Broad Election-Enjoining TRO Treated as Appealable Preliminary Injunction; Scott v. James Prudential Bar on Enjoining Referenda 1. Introduction In Koski v....

Garofalo v. Di Vincenzo: Virginia Defines “Evident Partiality” as Objectively Obvious Bias and Holds Mere (Even Material) Nondisclosure Is Not Automatically Vacatur

Date: Feb 27, 2026

Garofalo v. Di Vincenzo: Virginia Defines “Evident Partiality” as Objectively Obvious Bias and Holds Mere Nondisclosure Is Not Automatically Vacatur I. Introduction Case: Garofalo v. Di Vincenzo...

Corporate Derivative Sovereign Immunity Requires a James v. Jane Fact Inquiry (No Automatic Immunity for Hospital-Authority Subsidiaries)

Date: Feb 27, 2026

Corporate Derivative Sovereign Immunity Requires a James v. Jane Fact Inquiry (No Automatic Immunity for Hospital-Authority Subsidiaries) I. Introduction In Sentara Medical Group v. Klena (Supreme...

Transmission CPCNs in Virginia: “Consideration” Means Reflection, Not Substantial-Accord Findings; Staff Verification Suffices Under Code § 56-46.1(B)

Date: Feb 26, 2026

Transmission CPCNs in Virginia: “Consideration” Means Reflection, Not Substantial-Accord Findings; Staff Verification Suffices Under Code § 56-46.1(B) Lansdowne Conservancy v. SCCC, Supreme Court of...

Loudoun County v. State Corporation Commission: “Consideration,” Not “Substantial Accord,” Governs Local Plans in CPCNs; Undergrounding May Be Rejected as Infeasible Based on Cost, Engineering, and Schedule Impediments

Date: Feb 26, 2026

Loudoun County v. State Corporation Commission: “Consideration,” Not “Substantial Accord,” Governs Local Plans in CPCNs; Undergrounding May Be Rejected as Infeasible Based on Cost, Engineering, and...

“Consideration” Means Reflection: SCC Need Not Make Local “Substantial Accord” Findings When Granting Transmission-Line CPCNs Under Code § 56-46.1

Date: Feb 26, 2026

“Consideration” Means Reflection: SCC Need Not Make Local “Substantial Accord” Findings When Granting Transmission-Line CPCNs Under Code § 56-46.1 I. Introduction In Loudoun County v. SCC...

Virginia SCC CPCN Review: “Consideration” of Local Plans (Not “Substantial Accord”), Staff Verification of Reliability Need, and Feasibility-Based Rejection of Undergrounding Under Code § 56-46.1

Date: Feb 22, 2026

Virginia SCC CPCN Review: “Consideration” of Local Plans (Not “Substantial Accord”), Staff Verification of Reliability Need, and Feasibility-Based Rejection of Undergrounding Under Code § 56-46.1 I....

Time-of-Filing Rule for Sovereign Immunity After Repeal of a Statutory Waiver (Commonwealth v. Mattocks)

Date: Feb 22, 2026

Time-of-Filing Rule for Sovereign Immunity After Repeal of a Statutory Waiver Introduction In Commonwealth v. Mattocks (Va. Feb. 19, 2026), a group of Department of Corrections employees sued the...

Code § 56-46.1 Limits SCC Duties in Transmission CPCNs: Verification May Rely on Staff; Undergrounding Turns on Feasibility and Timeliness; Local “Substantial Accord” Review Is Supplanted by § 56-46.1(F)

Date: Feb 22, 2026

Code § 56-46.1 Limits SCC Duties in Transmission CPCNs: Verification May Rely on Staff; Undergrounding Turns on Feasibility and Timeliness; Local “Substantial Accord” Review Is Supplanted by §...

Virginia SCC Transmission CPCNs: “Consideration” of Local Plans Is Not “Substantial Accord,” and Undergrounding Feasibility Turns on Timely Constructability Under Code § 56-46.1

Date: Feb 22, 2026

Virginia SCC Transmission CPCNs: “Consideration” of Local Plans Is Not “Substantial Accord,” and Undergrounding Feasibility Turns on Timely Constructability Under Code § 56-46.1 1. Introduction In...

Keil v. O'Sullivan: “May Be Located” Makes a Person a Data Subject Even Without Name-Indexed Files Under Virginia’s Government Data Act

Date: Feb 13, 2026

Keil v. O'Sullivan: “May Be Located” Makes a Person a Data Subject Even Without Name-Indexed Files Under Virginia’s Government Data Act I. Introduction Case: Keil v. O'Sullivan, Supreme Court of...

Mast v. A.A.: Code § 63.2-1216 as an Absolute Six-Month Statute of Repose for Final Adoption Orders (No “Void ab Initio” Escape Hatch)

Date: Feb 13, 2026

Mast v. A.A.: Code § 63.2-1216 as an Absolute Six-Month Statute of Repose for Final Adoption Orders (No “Void ab Initio” Escape Hatch) Court: Supreme Court of Virginia Date: February 12, 2026...

VUTSA Damages: No Burden-Shifting—Plaintiff Must Prove Causation and Amount; Royalty Is the Statutory Backstop

Date: Jan 9, 2026

VUTSA Damages: No Burden-Shifting—Plaintiff Must Prove Causation and Amount; Royalty Is the Statutory Backstop Case: Appian Corporation v. Pegasystems, Inc. Court: Supreme Court of Virginia Date:...

Code § 40.1-29 “Wages” Do Not Include Commissions Absent Express Legislative Inclusion

Date: Dec 31, 2025

Code § 40.1-29 “Wages” Do Not Include Commissions Absent Express Legislative Inclusion Case: Groundworks Operations, LLC v. Campbell Court: Supreme Court of Virginia Date: 2025-12-30 1. Introduction...

“Substantially Uninterrupted” Means Mostly Continuous: Reasonableness Limits Virginia’s Continuing Treatment Exception

Date: Dec 31, 2025

“Substantially Uninterrupted” Means Mostly Continuous: Reasonableness Limits Virginia’s Continuing Treatment Exception Case: Cothran v. Jauregui, Supreme Court of Virginia (Dec. 30, 2025) Posture:...

Accrual of Virginia Whistleblower Claims at the First Prohibited Retaliatory Act: Commentary on Ingleside Emergency Group, LLC v. Hollis

Date: Dec 20, 2025

Accrual of Virginia Whistleblower Claims at the First Prohibited Retaliatory Act: Commentary on Ingleside Emergency Group, LLC v. Hollis I. Introduction In Ingleside Emergency Group, LLC v. Hollis,...