AG not bound by arbitration agreement in loan contracts
Where the attorney general sued an online lender on behalf of the commonwealth to enforce provisions of the Virginia Consumer Protection Act, the suit can proceed in a judicial forum despite...
View ArticleClaim-of-right jury instruction properly refused
Where appellant defended a robbery charge on the basis that he was attempting to recover money stolen from him, the circuit court correctly refused to instruct the jury on a claim-of-right defense...
View ArticleCourt lacked jurisdiction to issue support order
The State Corporation Commission correctly declared “that a pumped storage hydroelectric facility (or ‘pumped storage’) generates ‘renewable energy’ under the former definition in Code § 56-576, and...
View ArticleConfessed judgments incorrectly vacated
Where appellant alleged that he was never served with certified copies of confessed judgments, the circuit court erred by ruling that the confessed judgments were valid because appellant did not...
View ArticlePlaintiff lacked standing to enforce bank rule
Where appellant had no vested interest in the timely payment or return of a check, she lacked standing to enforce a payor bank’s alleged violation of the UCC’s “midnight deadline” rule. Background...
View ArticleSuit contesting special use permit revived
Appellant property owners living within or near a private easement have standing to challenge a special use permit that, the owners allege, will increase traffic on the easement, resulting in...
View Article18-month suspension for false or misleading statements
The Virginia State Bar Disciplinary Board correctly determined that an attorney violated Rule 8.1(a) by making false or misleading statements to a VSB investigator, and Rule 8.1(b) “when he failed to...
View ArticleProperty conveyance did not transfer contract claim
Where a building owner sued its tenant for breach of contract, the owner could still pursue its claim after transferring the property to a third party. Background Oreze Healthcare operated an assisted...
View Article‘Chose in action’ does not follow land
The Supreme Court of Virginia revived a former landowner’s claim after finding that its right to recover for a broken lease covenant didn’t follow its sale of the land. The defendant cited statutory...
View ArticleProbationer’s conduct was technical violation
Where appellant committed a second technical violation of her probation by absconding from supervision, the trial court erred by imposing a 60-day active term of incarceration. The parties agreed to...
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