Justia Virginia Supreme Court Opinion Summaries

Plaintiff sought to bring a legal malpractice claim against his criminal defense attorneys and their respective law firms. The circuit court dismissed the criminal malpractice claim on the grounds that the settlement and release of some defendants by way of a release agreement was a release of all defendants. Plaintiff subsequently filed a legal malpractice suit against the law firm that represented him in the criminal malpractice claim (Defendant), arguing that the firm breached its duty to him. A jury found Defendant liable to Plaintiff and awarded judgment in the amount of $5.75 million. The Supreme Court reversed the circuit court’s denial of Defendant’s second plea in bar, reversed the circuit court’s order affirming the jury award, vacated the jury award, and remanded the case, holding that the circuit court erred in refusing to sustain Defendant’s second plea in bar in which Defendant argued that Plaintiff was barred from recovering on his legal malpractice claim because, as a matter of law, Defendant did not breach its duty by failing to correctly anticipate a judicial ruling on an unsettled legal issue. View "Smith v. McLaughlin" on Justia Law

Defendant was indicted on charges of Internet solicitation of a minor. The parties agreed that Defendant was accused of soliciting oral sex from a minor and that oral sex between an adult and a minor is an act forbidden by Virginia’s anti-sodomy law, Va. Code 18.2-361(A). After a jury trial, Defendant was convicted. Defendant appealed, arguing that section 18.2-361(A) was facially unconstitutional in light of the decision of the U.S. Supreme Court in Lawrence v. Texas. The court of appeals affirmed, holding that section 18.2-361(A) was constitutional as applied to Defendant because the Lawrence decision did not prevent a state from criminalizing sodomy between an adult and a minor. The Supreme Court affirmed, holding (1) section 18.2-361(A) is not unconstitutional as applied to Defendant in this instance; and (2) it is proper to prohibit those applications of the statute that are unconstitutional and leaving the constitutional applications of the statute to be enforced. View "Toghill v. Commonwealth" on Justia Law

Debara Brown filed a complaint as executor of the estate of her husband (the decedent), a private investigator, against Ali Al-Ibrahim Abid, alleging that Abid killed the decedent while he was attempting to serve divorce papers on Abid. Brown was granted leave to file an amended complaint to add a wrongful death claim against Sherwin Jacobs, the attorney who hired the decedent to serve Abid, claiming that Jacobs was negligent because he did not warn Abid of the risks of personally serving Abid. The circuit court ultimately dismissed the case against Jacobs with prejudice. The Supreme Court affirmed, holding that the circuit court did not err in sustaining Jacobs’ demurrer to Brown’s amended complaint because Brown failed to allege facts sufficient to establish that a special relationship existed between Jacobs and the decedent imposing a duty upon Jacobs to warn the decedent of potential danger from criminal assault by a third party. View "Brown v. Jacobs" on Justia Law

After a jury trial, Defendant was convicted of first degree murder, use of a firearm in the commission of murder, robbery, use of a firearm in the commission of robbery, and conspiracy to commit robbery. The convictions were affirmed on appeal. Defendant subsequently filed a petition for a writ of habeas corpus, alleging that the prosecution suppressed or failed to disclose certain exculpatory evidence in violation of Brady v. Maryland. The trial court ultimately dismissed the petition, concluding that it was untimely filed under Va. Code 8.01-654(A)(2). The Supreme Court affirmed, holding (1) the tolling provision of Va. Code 8.01-229(D) was applicable to the limitations period of section 8.01-654(A)(2), and therefore, it was error to conclude that Defendant’s petition for habeas corpus was untimely; but (2) because the allegedly withheld evidence was not material, Defendant failed to establish that he was prejudiced by the error. View "Hicks v. Dir., Dep't of Corr." on Justia Law

The City of Fredericksburg brought suit against CVAS 2, LLC, which owns real estate within the City’s geographic area, seeking to have CVAS 2’s real estate sold in order to collect the LLC’s outstanding payments for delinquent real estate taxes and special assessments. The circuit court entered a decree of sale ordering that CVAS 2’s real estate be sold in gross to pay the delinquent taxes, penalties and special assessments. The Supreme Court reversed, holding that the City did not strictly comply with Va. Code 15.2-5158 and 58.1-3965(A) allowing for it to bring suit under the circumstances, and therefore, the circuit court lacked authority to order the sale of CVAS 2’s real estate. View "CVAS 2, LLC v. City of Fredericksburg" on Justia Law

At issue in this case was the sale of Tails, Inc. Tails was organized as a Virginia corporation but changed its state of incorporation to Delaware as part of a Plan of Reorganization and Purchase Agreement pursuant to which all of the assets of Tails were eventually sold to Buena Suerte Holdings, Inc. Certain Minority Shareholders filed a complaint demanding shareholder appraisal rights, seeking a declaratory judgment regarding whether the transactions leading to the sale gave rise to appraisal rights for the Minority Shareholders and requesting monetary damages for violations of the alleged appraisal rights. The circuit court sustained Tails’s demurrer to the complaint, noting (1) changing the Tails corporate domicile from Virginia to Delaware did not trigger appraisal rights, and (2) the complaint failed to state facts sufficient to support the causes of action. The Supreme Court affirmed, holding (1) the domestication of Tails as a Delaware corporation did not entitle the Minority Shareholders to appraisal rights; and (2) Delaware law properly applied in determining whether the Minority Shareholders were entitled to appraisal rights, and, under Delaware law, they were not. View "Fisher v. Tails, Inc." on Justia Law

In 2010, the Commissioner of Revenue of Arlington County (“County”) audited Nielsen for several of the previous tax years. Determining that Nielsen failed to pay sufficient tax on its business license, the County issued an additional tax assessment on Nielsen for the 2007 tax year. Nielsen appealed. The Virginia Tax Commissioner (“Commissioner”) concluded that the County had used an incorrect methodology in the 2007 tax year assessment and instead permitted a payroll percentage methodology to be used to calculate the deduction to the county tax on Nielsen’s business license. The County and the Commissioner appealed. The circuit court reversed the Commissioner’s decision and reinstated the County’s assessment, concluding that the Commissioner’s methodology for calculating the relevant tax deduction was contrary to law and arbitrary and capricious in its application. The Supreme Court reversed, holding that the Commissioner’s ruling was not contrary to law or arbitrary and capricious in application. Remanded. View "Nielsen County v. Bd. of Arlington County" on Justia Law

In 2005, Donald Devine and his wife Nancy Devine acquired ownership of Rock Hall, a 200-year-old house. In 2007, Charles Buki and Kimberly Marsho signed a contract agreeing to purchase Rock Hall. Later that year, Buki and Marsho (together, Plaintiffs) brought suit against Donald and Nancy (together Defendants), alleging that Defendants fraudulently induced them to enter into the real estate contract and to close on Rock Hall by misrepresenting and concealing the true condition of the house. The trial court concluded that Nancy had committed no wrong but nonetheless granted rescission of the real estate contract against both Donald and Nancy, concluding that Nancy should be “responsible jointly and severally with her husband for the payment of the purchase price” of Rock Hall. The Supreme Court reversed, holding that because there was no evidence of any wrongdoing on the part of Nancy, the trial court had no basis for awarding any remedy, including rescission, against Nancy. View "Devine v. Buki" on Justia Law

In 2005, Donald Devine and his wife Nancy Devine acquired ownership of Rock Hall, a 200-year-old house. In 2007, Charles Buki and Kimberly Marsho signed a contract agreeing to purchase Rock Hall. Later that year, Buki and Marsho (together, Plaintiffs) brought suit against Donald and Nancy (together Defendants), alleging that Defendants fraudulently induced them to enter into the real estate contract and to close on Rock Hall by misrepresenting and concealing the true condition of the house. The trial court concluded that Plaintiffs were entitled to rescission of the contract where David, but not Nancy, committed fraud. The court awarded consequential damages and attorney’s fees. The Supreme Court affirmed in part and reversed in part, holding that the trial court (1) did not err in granting rescission of the real estate contract based on Donald’s fraudulent concealment of the true state of the house and did not err in awarding attorney’s fees; (2) did not abuse its discretion in refusing to award punitive damages; and (3) erred in awarding consequential damages and prejudgment interest. View "Devine v. Buki" on Justia Law

After a jury trial, Defendant was found guilty of aggravated sexual battery. Defendant appealed, asserting that the circuit court erred when it allowed the Commonwealth to cross-examine him about whether a prior felony conviction involved lying, cheating or stealing. The Court of Appeals affirmed the conviction, concluding that even if the testimony was erroneously admitted, the error was harmless. The Supreme Court affirmed, holding that, assuming, without deciding, that the circuit court erred when it allowed the Commonwealth to ask Defendant whether one of his felony convictions involved lying, cheating or stealing, Defendant received a fair trial because the alleged error, at most, had only a slight effect on the jury. View "Shifflett v. Commonwealth" on Justia Law