Home Noteworthy Cases

Thorsen v. Richmond SPCA, 292 Va. 257, 786S.E.2d 453

Record No: 150528 (As published by the Virginia Supreme Court) In an action for professional negligence/breach of contract brought by a party asserting it is a third-party beneficiary of the contractual relation between a testator and her counsel, seeking damages attributable to real property that – due to a drafting error – the will erroneously...

Navar, Inc. v. Federal Business Council, 291 Va. 338, 784 S.E.2d 296

Record No: 150522 (As published by the Virginia Supreme Court) In an action asserting claims for breach of contract, unjust enrichment, quantum meruit, and trade secret misappropriation in which plaintiffs recovered a judgment of $1.25 million, plaintiffs failed to show at trial how the defendant misused their confidential information under a nondisclosure agreement or the...

Lopez-Rosario v. Habib, 291 Va. 293, 785 S.E.2d 214

Record No: 150587 (As published by the Virginia Supreme Court) The circuit court did not err in dismissing a suit for medical malpractice on the basis that the plaintiff filed the lawsuit in her own name, although co-guardians, broadly responsible for her personal affairs, had been appointed. The judgment is affirmed.

Metro. Life Ins. Co. v. Gorman-Hubka, 159 F. Supp. 3d 668

Insurer brought interpleader action against insured’s ex-wife and sisters to determine the rightful beneficiary of benefits of insured’s life insurance policy. Ex-wife and sisters filed cross-claims against each other, and ex-wife filed counterclaim against insurer. Ex-wife and sisters moved for summary judgment on the cross-claims. The Court held that the policy was governed by Virginia...

Rafalko v. Georgiadis, 290 Va. 384, 777 S.E.2d 870

Record No: 141533 (As published by the Virginia Supreme Court) In a declaratory judgment suit by two sons seeking a determination that their conduct did not trigger a “no contest” clause in their father’s trust instrument, alleging that the trustee’s contrary decision was without authority, contrary to the purposes of the trust and an abuse...

Edmonds v. Edmonds, 290 Va. 10, 772 S.E.2d 898

Record No: 141159 (As published by the Virginia Supreme Court) In a widow’s “Complaint to Establish Copies of the Will and Trust Where Originals Cannot Be Located,” the trial court did not err when it ordered a photocopy of a will to be probated. The proponent of a missing will is not required to specifically prove...

Devine, Nancy v. Buki, 289 Va. 184, 766 S.E.2d 882

Record No: 140305 (As published by the Virginia Supreme Court) A circuit court’s decision to award equitable relief against a wife in a rescission action relating to a couple’s sale of real property – where there was no evidence of wrongdoing on her part and no basis for an award of equitable relief against her...

Devine, Donald v. Buki, 289 Va. 162, 767 S.E.2d 459

Record No: 140301 (As published by the Virginia Supreme Court) In a suit by purchasers of a home for rescission of the transaction and related relief, the fact that the trial court found that the selling husband’s wife did not engage in any wrongful conduct in the sale did not mean that it lost equitable...

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