Justia Virginia Supreme Court Opinion Summaries

At issue in this case was whether the court of appeals erred in (1) reversing a circuit court's judgment and applying the arbitrary and capricious standard of review to the State Water Control Board's decision to reissue a Virginia pollutant discharge elimination system permit to Virginia Electric and Power Company for its nuclear power station; and (2) reversing the circuit court and affirming the Board's determination that the discharge of heated water from the station into a waste heat treatment facility, classified as a "waste treatment facility" under state and federal regulations, did not require a separate discharge permit. For the reasons stated in Commonwealth v. Blue Ridge Environmental Defense League, Inc., the Court affirmed the judgment of the court of appeals. View "Blue Ridge Envtl. Defense League v. Commonwealth" on Justia Law

A grand jury indicted Smith for possession of marijuana with intent to distribute. Two days later, Smith applied for the purchase of a semi-automatic pistol. Smith answered that he was not under indictment for a felony on the form prepared by the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice (the ATF form). The record contained no evidence that Smith, when executing the ATF form, was aware that the grand jury had returned an indictment against him. Smith was indicted for making a false statement on a firearm purchase form, and the circuit court ultimately found Smith guilty. The court of appeals affirmed. The Supreme Court reversed the court of appeals, vacated the conviction, and dismissed the indictment, holding that the evidence was insufficient to support a conviction of "willfully and intentionally making a materially false statement" on a form executed in connection with the purchase of a firearm because there was no evidence to support a finding that Smith knew that he had been indicted when he signed the ATF form. View "Smith v. Commonwealth" on Justia Law

After Wife filed a complaint for divorce from Husband, the trial court conducted an equitable distribution hearing, pursuant to which it determined that, because Wife exercised some of the options with separate funds, the entirety of Wife's stock awards were her separate property. The court of appeals affirmed the judgment of the trial court finding that the stock awards were Mary's separate property but for different reasons, holding that the stock awards were not marital property because they did not vest during the marriage. The Supreme Court reversed, holding that the court of appeals erred in its classification of the stock awards based solely on the date of vesting. Remanded. View "Schuman v. Schuman" on Justia Law

Jeffrey Ruhlin filed a complaint against Mariam Samaan, seeking damages for injuries he suffered in an automobile accident with Samaan. The jury found in favor of Ruhlin and awarded him $5,000 in damages. Ruhlin appealed, arguing that the circuit court erred in ruling on two evidentiary issues during the trial. The Supreme Court affirmed, holding the circuit court did not err in (1) permitting the use of a transcript of a recorded statement to refresh a witness's recollection and finding that the admission did not implicate the rule prohibiting the use of a written statement to directly impeach a witness; and (2) ruling that a witness's testimony concerning Ruhlin's prior consistent statements was not admissible into evidence. View "Ruhlin v. Samaan" on Justia Law

Dewey Monroe, a member of a limited liability company, died. Through his will, Dewey bequeathed his entire estate to his daughter, Janet. Janet asserted that Dewey transferred his membership in the company to her. Lou Ann Monroe, the company's managing member, responded that Janet had inherited only Dewey's right to share in profits and losses of the company and to receive distributions to which he would be entitled. Janet filed a complaint in the circuit court seeking declaratory judgment that she had inherited her father's full membership in the company and that Lou Ann and Joseph Monroe, who was named in the company's operating agreement as a successor managing member, had been validly removed from their positions. The circuit court ruled that Janet was not a member of the company and thus lacked the authority to remove Lou Ann and Joseph from their positions. The Supreme Court affirmed, holding (1) the company's operating agreement lacked specific language that would constitute an exception to the rule of dissociation set forth in Va. Code Ann. 13.1-1040.1; and (2) therefore, Dewey was dissociated from the company upon his death and Janet became a mere assignee, entitled only to Dewey's financial interest. View "Ott v. Monroe" on Justia Law

The Virginia Department of Rail and Public Transportation (DRPT) entered into an agreement, pursuant to the Rail Enhancement Fund created by Va. Code Ann. 33.1-221.1:1.1, to grant funds to Norfolk Southern Railway Company (Norfolk Southern) for the development of an intermodal terminal in Montgomery County. Appellant, Montgomery County, instituted on action against DRPT, DRPT's director, and the Commonwealth Transportation Board, claiming that section 33.1-221.1:1.1 and the agreement were unconstitutional pursuant to the state Constitution's internal improvements clause and credit clause, and sought to enjoin their administration. Norfolk Southern subsequently intervened as a defendant. The circuit court ruled in favor of Defendants. The Supreme Court affirmed, holding that section 33.1-221.1:1.1, as applied in this case, did not violate either the internal improvements clause or the credit clause of the Constitution of Virginia. View "Montgomery County v. Va. Dep't of Rail & Pub. Transp." on Justia Law

Kasey Landrum sued Defendants, Chippenham and Johnson-Willis Hospitals and Dr. John Deitrick, for medical malpractice. Because Landrum did not identify her expert witnesses in accordance with the circuit court's scheduling order, Defendants moved to exclude the expert witnesses and for summary judgment. The circuit court denied Defendants' motions and gave Landrum's out-of-state counsel extra time to supplement the designation so as to comport with Va. R. Civ. P. 4:1(b)(4)(A)(i). Landrum's out-of-state counsel then filed a supplemental designation without local counsel's signature in violation of Va. R. Civ. P. 1A:4(2). The circuit court then granted Defendants' motions to exclude the expert witnesses and for summary judgment after finding that Landrum could not meet her burden of proof on her medical-malpractice claims without an expert witness to establish the standard of care. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in excluding Landrum's expert's witnesses because of her failure to obey its pretrial orders. View "Landrum v. Chippenham & Johnston-Willis Hosps." on Justia Law

Employee of a pest control company signed an employment agreement containing a provision stating that he would not engage in similar business within two years after he ceased employment. After resigning and within the two-year period set forth in the provision, Employee became employed by another pest control company. Employer filed a complaint asserting that Employee's subsequent employment violated the provision. Employee filed a plea in bar, asserting that the provision was overbroad and therefore unenforceable. The circuit court granted the plea in bar and dismissed the complaint. The Supreme Court affirmed, holding that the circuit court did not err in ruling the provision was unenforceable. View "Home Paramount Pest Control Cos. v. Shaffer" on Justia Law

George Christian filed petitions for temporary injunction and declaratory relief, alleging that the clerk of the State Corporation Commission (SCC) failed to provide requested public records relating to all overpayments or unused payments that the Commission's authority to order a refund had lapsed, and any complaints or grievances arising therefrom. The SCC dismissed the petition, finding (1) no controversy existed given the clerk's timely response to Christian's request for records; and (2) because no controversy existed, it was not necessary to address Christian's other arguments, including whether the Virginia Freedom of Information Act (VFOIA) was applicable to the SCC. The Supreme Court affirmed, holding (1) a live controversy persisted because Christian would be entitled to recover his costs and fees if he prevailed; (2) however, the VFOIA was inapplicable to the SCC; and (3) therefore, Christian's assignments of error were resolved or rendered moot. View "Christian v. State Corp. Comm'n" on Justia Law

After a jury trial, Calvin Bowman was found guilty of robbery, abduction, and two counts of use of a firearm during the commission of a felony. The court of appeals and Supreme Court affirmed. Bowman subsequently filed petition for a writ of habeas corpus. The habeas court denied the petition. The Supreme Court affirmed, holding (1) Bowman's claim that the Commonwealth failed to correct false testimony of its witness was barred because this non-jurisdictional issue could have been raised at trial and on appeal; (2) evidence of the lack of Bowman's DNA on a piece of evidence did not prejudice him under the Strickland v. Washington standard; (3) the lack of evidence on a particular piece of clothing recovered from Bowman when he was arrested did not prejudice him under the Strickland standard; and (4) the introduction of evidence by Bowman's expert that confirmed the existence of his fingerprints at the scene of the crime but provided the opportunity for a different explanation did not prejudice him under the Strickland standard. View "Bowman v. Johnson" on Justia Law