Justia Virginia Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the circuit court striking Arch Insurance Company's conversion and unjust enrichment claims, holding that the circuit court did not err in concluding that Arch was incapable of demonstrating a priority right to the disputed funds at issue in this case as a matter of law.FVCbank provided Dominion Mechanical Contractors, Inc. with a revolving line of credit. Arch, a surety company, issued contract surety bonds for some of Dominion's projects. Due to Dominion's later financial troubles, FVCbank froze Dominion's accounts. Arch and Dominion sued, claiming conversion and unjust enrichment. The circuit court granted FVCbank's motion to strike Arch's claims, finding that because FVCbank had a priority interest in Dominion's accounts, there was no legal claim for unjust enrichment or conversion. The circuit court affirmed, holding that the circuit court (1) correctly concluded that FVCbank's interest in Dominion's deposit accounts took priority over Arch's interest as a matter of law; and (2) properly dismissed the claims with prejudice. View "Arch Insurance Co. v. FVCbank" on Justia Law

The Supreme Court reversed the judgment of the court of appeals upholding Defendant's conviction for carrying a concealed weapon while intoxicated under Va. Code 18.2-308.012, holding that, under the facts of this case, Defendant did not "carry" the handgun, as contemplated by the statute.A police officer performed a traffic stop of a vehicle seen driving "erratically." Defendant, the driver, provided the officer With a valid weapons permit after informing the officer that a gun was next to him in a zipped bag on his front passenger seat. Defendant was arrested for driving under the influence and subsequently found guilty of carrying a concealed weapon while intoxicated, driving under the influence, and impersonating a police officer. The court of appeals affirmed. The Supreme Court reversed Defendant's conviction under section 18.2-308.012, holding (1) "carry" within the meaning of section 18.2-308.012 is limited to physically carrying the handgun on one's person such that it moves when he moves; and (2) Defendant did not "carry" the handgun under the statute. View "Morgan v. Commonwealth" on Justia Law

The Supreme Court affirmed the judgment of the circuit court holding that International Paper Co. had established, by a preponderance of the evidence, that the County of Isle of Wight's tax scheme violated the requirement of the Virginia Constitution that taxation be uniform, holding that the circuit court did not err.In 2017, the County Board of Supervisors adopted a resolution authorizing an "economic development retention grant program" that would benefit certain taxpayers. International Paper filed a refund action alleging that the County's tax and retention grant scheme violated the uniformity requirement of the Virginia Constitution. The circuit court granted judgment in favor of International Paper, concluding that the County's tax scheme created an unconstitutional non-uniform tax. View "County of Isle of Wight v. International Paper Co." on Justia Law

The Supreme Court affirmed the judgment of the circuit court granting a "First Amended Complaint in Interpleader with Accompanying Prayer for Declaratory Relief" filed by Allstate Insurance Company and apportioning the interpleaded funds, holding that there was no error.Hartford Underwriters Insurance Company and The Shoe Department brought this appeal, arguing that the circuit court erred in its construction and application of Va. Code 65.2-309 and 65.2-311 and Williams v. Capital Hospice & Property & Casualty Insurance Co., 66 Va. App. 161 (2016) to this case. The Supreme Court affirmed, holding (1) the circuit court did not err by failing to award the available Allstate coverage "to Hartford in full" or, alternatively, by failing to "permit [the requested] intracompany arbitration to proceed because there was no issue to be resolved in the requested arbitration; and (2) the circuit court provided the requisite "verdict or settlement" from which competing claims could be satisfied, and there was no error in the circuit court's apportionment of the funds. View "Hartford Underwriters Insurance Co. v. Allstate Insurance Co." on Justia Law

The Supreme Court reversed the judgment of the circuit court granting summary judgment to Liosha Miles on the issue of whether each of the two insurance policies in this case provided separate tranches of insurance of uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage, holding that the circuit court erred.Given her disagreement with GEICO Advantage Insurance Company and GEICO Choice Insurance Company (collectively, GEICO), Miles filed this action seeking a declaration that each policy at issue contained separate $50,000 limits for UM and UIM coverage and that GEICO owed her addition amounts for her UIM claims related to a single automobile accident caused by the negligence of two different drivers other than herself. The circuit court granted summary judgment in favor of Miles. The Supreme Court reversed, holding (1) UIM coverage is a constituent part of UM coverage; and (2) consequently, the circuit court erred in concluding that Va. Code 38.2-2206(A) required each policy to provide Miles with separate UM and UIM coverage limits for injuries arising from a single accident. View "GEICO Advantage Insurance Co. v. Miles" on Justia Law

The Supreme Court affirmed the order of the State Corporation Commission (SCC) that approved a petition filed by the Virginia Electric and Power Company (VEPCO) to obtain a rate-adjustment clause pursuant to Va. Code 56-585.1(A)(5)(e), holding that, contrary to the arguments brought by Applalachian Voices on appeal, the SCC applied the proper legal standard governing such requests.VEPCO made its request to recover projected costs of purchasing allowances through the Regional Greenhouse Gas Initiative (RGGI), a cap-and-trade market regulating carbon dioxide emissions by electric utilities. On appeal, Appalachian Voices, a nonprofit environmental organization, argued that the SCC failed to apply the law when it approved VEPCO's petition. The Supreme Court affirmed, holding that the SCC did not misunderstand or fail o apply the legal standard governing petitions filed pursuant to Va. Code 56-585.1(A)(5)(e). View "Appalachian Voices v. State Corp. Comm'n" on Justia Law

The Supreme Court reversed the decision of the circuit court determining that an auctioneer had verbally modified its advertised terms prior to the start of the auction and ordering the conveyance of a fee simple interest in a parcel of real property by special warranty deed to Plaintiff, holding that the circuit court erred.Plaintiff attended an auction advertised by Plaintiff for the sale of the property at issue. Plaintiff's bid was the high bid, but Defendants refused to sell the property for that amount. Plaintiff brought this complaint seeking specific performance, alleging that, in the pre-auction announcement, Defendants used language stating that the auction was going to be an absolute auction. The trial court ruled that Plaintiff was entitled to specific performance and ordered the conveyance of the property by special warranty deed. The Supreme Court reversed, holding (1) the trial court erred in ruling that the auction was an absolute auction rather than an auction with reserve; and (2) therefore, no contract was formed between the parties. View "Williams v. Janson" on Justia Law

The Supreme Court reversed the judgment of the circuit court partially denying Appellant's petition for a writ of mandamus and purportedly denying his request for attorney's fees and costs, holding that the circuit court misapplied a definition of "personnel information."In his mandamus petition, Appellant requested documents related to employment disputes in the Town of South Hill, as well as attorney's fees and costs. The circuit court denied the petition in part after applying definitions of "personnel record" from a previous version of the Virginia Freedom of Information Act (VFOIA) instead of "personnel information." The court further refused to award attorney's fees and costs. The Supreme Court reversed and remanded the case for further proceedings, holding that the circuit court erred in its interpretation and application of the personnel information exemption under VFOIA. View "Hawkins v. Town of South Hill" on Justia Law

The Supreme Court reversed three rulings by the trial court in a pending criminal case in these consolidated appeals, holding that the trial court erred in barring public access to a pretrial bail hearing, by keeping certain motions and exhibits under seal, and by finding that the City of Newport News lacked standing to oppose any public access to sealed documents that the City had previously produced in response to a subpoena.The underlying case involved a murder indictment and ancillary charges against a Newport News police officer. Two newspaper publishers and a reporter filed an appeal challenging rulings barring access to the pretrial bail hearing and keeping motions and exhibits under seal. The City challenged the ruling that the City lacked standing to oppose public access to the sealed documents it produced in response to the subpoena. The Supreme Court reversed all three holdings, holding that the trial court erred as to all three rulings. View "Daily Press, LLC v. Commonwealth" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court admitting the will at issue in this case to probate and appointing an administrator for the estate of James A. Townsey but otherwise reversed, holding that the circuit court erred in granting relief on counts two and three of the complaint.The circuit court admitted Townsey's will to probate, appointed an administrator for the estate, and awarded the proceeds of a brokerage account to a German charity. The Supreme Court reversed in part, holding (1) the circuit court properly admitted the will to probate and appointed an administrator for Townsey's estate; and (2) the circuit court erred in granting summary judgment in favor of Appellant on counts two and three of the complaint. View "Taylor v. Aids-Hilfe Koln e.V." on Justia Law