The Virginia Appellate Lawyer’s Court of Appeals of Virginia Blog

Presumably due to the long Christmas weekend, the Court of Appeals dropped one published and several published opinion today, rather than Tuesday, the regular release day. The one published opinion, Richard S. Pergolizzi, Jr., M.D. v. Ramona Bowman, is a medical malpractice case with not one, but two issues of first impression. First, can a claim that a physician proceeded without informed consent rest on that physician’s failure to inform the patient that the physician may

Santa made an early delivery to two sets of appellate litigants today, with two reversals and one affirmance. Wait, what? Two opinions but three results? Has Santa forgotten how to count? No, Santa has his math right, because one opinion involved cross appeals. Let's start with the mixed bag result in Mintbrook Developers, LLC., v. Groundscapes, LLC and Forest Gold, LLC and its cross-appeal. The issue in the trial court was which of the two developers were responsible for

Yes, I know that the 12 days of Christmas are between Christmas and Epiphany, but why not celebrate the 12 days before as well. Alas, the two appellants in today's published opinions have naught to celebrate. William Gary Shahan v. Commonwealth of Virginia arises from convictions for first-degree murder, robbery and associated firearms offenses. Shahan appeals the convictions on two grounds, the first of which is the more interesting as the second is a sufficiency argument t

The Court of Appeals issued three published opinions today, and while the two criminal appeals will have some interest for those involved in criminal cases, an administrative law appeal, usually to Ho-Hum of appellate decisions, will have a HUGE impact on Domestic Relations practice. Let's get right to it with Virginia Retirement System v. Joan S. Shelton, which will seem like a heartless and cruel result, but in fact anyone with a bit of administrative law knowledge should h