Virginia's High Court Rules On Law Of Fraudulent Conveyances In Apartments Sale Dispute

Once a plaintiff has introduced evidence to establish a " badge of fraud ," a prima facie case of fraudulent conveyance is established and the burden shifts to the defendant to establish that the transaction was not fraudulent. So held the Virginia Supreme Court, in reversing the Henrico County...

Fosamax Jaw Injury Claims Not Tolled By Class Action, Virginia Supreme Court Says

RICHMOND, Va. - (Mealey's) Virginia does not recognize either equitable or statutory tolling for class actions brought by different plaintiffs in another jurisdiction, the Virginia Supreme Court ruled March 2 in an appeal by four Fosamax jaw injury plaintiffs ( John Casey, et al. v. Merck & Co...

Virginia Supreme Court Reaffirms Ruling In Global-Warming Coverage Dispute

RICHMOND, Va. - (Mealey's) An underlying complaint alleges that damages were the "natural and probable consequence" of an insured's intentional actions, the Virginia Supreme Court said April 20, upholding its finding that a commercial general liability insurer has no duty to defend...

Sands Anderson PC: Itemized Damages Permitted in Closing Arguments

By Sarah Warren Beverly In an opinion that the Virginia Supreme Court handed down in March of this year, Justice Powell, writing for the majority, held that counsel for the plaintiff, in his closing argument, was permitted to assign a fixed dollar amount for each element of damages sought. Wakole...

Virginia Top Court Adopts 'Multiple-Sufficient Causes' Analysis

CHARLOTTESVILLE, Va. - (Mealey's) Mesothelioma plaintiffs must show asbestos exposure from a defendant's product sufficient to give rise to the disease, the Virginia Supreme Court held Jan. 10 ( Honeywell International Inc. v. Walter E. Boomer, administrator , No. 120299, Va. Sup.). The...

Vandeventer Black LLP: Are All Damages Equal?

By Edward E. Nicholas III and Maggie D. Finnegan If liability is clear (that is, the breach of contract cannot be disputed), then it comes down to damages. How much may the plaintiff recover? All damages caused by the defendant’s breach? Not necessarily, because, to answer the question posed...