Justia Virginia Supreme Court Opinion Summaries

In this action challenging the Supreme Court's sealing of the record of the disciplinary action against Judge Adrianne L. Bennett by the Judicial Inquiry and Review Commission the Supreme Court unsealed certain filings in the case but concluded that the Commission's records attached to a mandamus petition should remain under seal.At issue was the order of the Supreme Court disposing of Judge Bennett's petition for writs of mandamus and prohibition in connection with this matter, which the Supreme Court ordered sealed along with all other documents of the proceedings. The publisher of a news entity asked the Supreme Court to unseal the order sealing the proceedings regarding Judge Bennett's mandamus petition and filed a petition to vacate the sealing order. The Supreme Court unsealed the remainder of the filings in this case but held that the records of the Commission attached to the mandamus petition should remain under seal, holding that Judge Bennett had a statutory right to keep that information confidential. View "In re Honorable Bennett" on Justia Law

The Supreme Court held that the Virginia Uniform Arbitration Act, Va. Code 8.01-581.01 to -.016 (VUAA), and the Federal Arbitration Act, 9 U.S.C. 1-16 (FAA), do not compel enforcement of an arbitration clause in a trust.The decedent created an inter vivos irrevocable trust that was divided into three shares for his children and grandchildren. The trust contained an unambiguous arbitration clause. Plaintiff filed a complaint against Defendant, the trust's trustee, alleging breach of duty. Defendant filed a motion to compel arbitration, which the circuit court denied. The Supreme Court affirmed, holding (1) a trust is neither a contract nor an agreement that can be enforced against a beneficiary; and (2) therefore, neither the VUAA nor the FAA compel arbitration. View "Boyle v. Anderson" on Justia Law

The Supreme Court reversed the judgment of the circuit court ruling that an all-terrain vehicle (ATV) was covered under a homeowner's insurance policy as a "farm type vehicle," holding that the circuit court erred.Diamond Jones was injured while riding as a passenger on the back of an ATV driven by the daughter of Jennifer and Richard Rekowski. Jones filed a negligence action against the Rekowskis, who were insured by a homeowner's policy issued by Erie Insurance Exchange, and then filed this action seeking a judgment that Erie was obligated to pay the insurance claim. The circuit court concluded that the policy covered the accident. The Supreme Court reversed, holding (1) the ATV involved in the accident was not a "farm type" vehicle; and (2) therefore, the ATV was excluded from coverage by the homeowner's insurance policy. View "Erie Insurance Exchange v. Jones" on Justia Law

The Supreme Court affirmed in part and reversed in part the latest decision of the trial court in this third appeal addressing remaining contests between the parties in this case, holding that the trial court erred in part.World Telecom Exchange Communications, LLC, a wholly owned American subsidiary of a Dubai parent company, sued Yacoub Sidya, alleging tortious interference with a business expectancy, misappropriation of protected trade secrets, and civil conspiracy. On two prior occasions the case was before the Supreme Court, which reversed in part the rulings at issue and remanded the cause. In this latest appeal, the Supreme Court held (1) there was no error or abuse of discretion in the trial court's partial final judgment; (2) the trial court did not err in refusing to strike the evidence in support of a claim for attorney fees; and (3) the trial court erred in awarding post-judgment interest on the punitive and treble damages. View "Sidya v. World Telecom Exchange Communications, LLC" on Justia Law

The Supreme Court reversed in this interlocutory appeal of a decision of the circuit court overruling Appellants' demurrer and allowing Appellees to proceed with their claims, holding that the circuit court erred.Appellees brought this action against Margaret's Future Trust, the Estate of Walter, Jr. and another trust seeking an accounting of each party's assets, restitution, and the imposition of a constructive construct on the trusts' assets based on Walter, Jr.'s alleged fraudulent conduct and breach of fiduciary duty as trustee of Walter, Sr.'s and Margaret's estates. The circuit court subsequently allowed Appellees to amend their complaint to add claims relating to the arms-length sale by their mother, Margaret, of her minority interest in Hurley, LLC, in 2006 and to joint the relevant members of Hurley, LLC as defendants. In this interlocutory appeal, Appellants argued that the circuit court improperly conferred standing on Appellees to pursue claims challenging and seeking to "unwind" the 2006 Hurley Transaction. The Supreme Court reversed the circuit court's decision on these issues, dismissed Appellees' claims relating to the Hurley Transaction, and remanded for further proceedings, holding that Appellees lacked standing to bring the claims regarding the Hurley Transaction. View "Kittrell v. Fowler" on Justia Law

The Supreme Court reversed the judgment of the circuit court dismissing an action brought by a condominium association against the owner of two condominium units for unpaid special assessments, holding that the circuit court erred by granting the condominium owner's plea in bar.The association brought suit seeking a nonjudicial foreclosure on liens recorded against the owner's condominium units and damages for breach of a declaration. The owner filed a plea in bar asserting that the claim could not survive either of two potential statutes of limitation. The circuit court granted the plea in bar, concluding that the action was barred by the thirty-six-month statute of limitations in former Va. Code 55-79.84(D). The Supreme Court vacated the circuit court's order, holding that the circuit court erred in ruling that the association's failure to introduce the declaration into evidence at an ore tenus hearing precluded the court from deciding whether to grant or deny the plea in bar. View "California Condominium Ass'n v. Peterson" on Justia Law

The Supreme Court affirmed the judgment of the circuit court concluding that Plaintiff lacked standing to enforce the "midnight deadline" rule set forth in section 4-302 of the Uniform Commercial Code (UCC), as adopted by Va. Code 8.4-302 and W. Va. Code 46-4-302, holding that there was no error.In her second amended complaint, Plaintiff alleged that MCNB Bank and Trust Company (MCNB) violated the midnight deadline rule adopted from the UCC and, therefore, MCNB was strictly liable for the payment of a check in the amount of $245,271.25. The circuit court granted summary judgment for MCNB, concluding that Plaintiff lacked standing to pursue her claim because she did not have any right to rely on the prompt payment of the check at issue. The Supreme Court affirmed, holding that the circuit court did not err when it granted MCNB’s motion for summary judgment based on Plaintiff's alleged lack of standing to enforce the midnight deadline rule. View "Stahl v. Stitt" on Justia Law

The Supreme Court affirmed the judgment of the circuit court determining what portion of a settlement was subject to the Commonwealth's Medicaid lien, holding that there was no error.Appellant was seriously injured in a car accident. Because the Commonwealth's Medicaid program paid for a portion of Appellant's medical care the Commonwealth was entitled to a lien on the proceeds of an ensuing settlement between Appellant and the driver who caused the accident. At issue was what portion of the settlement was subject to the Medicaid lien. The Supreme Court affirmed, holding that the circuit court's judgment was proper under the deferential standard. View "Farah v. Commonwealth" on Justia Law

The Supreme Court affirmed the judgment of the circuit court holding that the Virginia Department of Taxation's corporation income tax assessments for the years in issue were erroneous and ordering the Department to refund Lorillard Tobacco Company the amount of its overpayments on the assessments for the years in issue, holding that there was no error.Lorillard filed an application for correction of erroneous assessment of corporation income taxes challenging the denial of its refund claims for certain assessments. The circuit court held that the Department's assessments were erroneous and ordered the Department to correct the assessments by refunding Lorillard the amount of its overpayments. The Supreme Court affirmed, holding that the circuit court did not err. View "Virginia Department of Taxation v. R.J. Reynolds Tobacco" on Justia Law

The Supreme Court granted Daniel Rothstein's motion to dismiss the appeal brought by Robert Godlove and Theresa Wolfe (together, Appellants) and vacated the judgment of the trial court in favor of Rothstein, holding that this case was moot.The trial court interpreted a deed of dedication as permitting Rothstein to extend a paved driveway within an easement running across Appellants' property to Rothstein's property. After Appellants filed a notice of appeal, Rothstein filed a motion to dismiss the appeal as moot. The Supreme Court granted the motion and vacated the judgment, holding that there was no longer any live controversy. View "Godlove v. Rothstein" on Justia Law