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Evidence VA Supreme Court

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Supreme Court of Virginia Adopts “Morgan Theory” of Presumptions In Fraudulent Conveyance Cases

The outcome of litigation often depends on which party has the burden of presenting evidence to support its claim (the “Burden of Production”) and persuading the judge or jury that it has a viable claim (the “Burden of...more

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Affirmed: Think Twice Before Retaining An Expert Who Has Been Subject To Disciplinary Proceedings

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If you decide to retain an expert with a past disciplinary history, be prepared for that information to be used at trial to attack your expert’s credibility! In Gross v. Stuart the Supreme Court of Virginia held that it was...more

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Fairness in the Adversary Process (Part One): Lawyers and the Discovery of the Truth

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Our adversarial legal system contemplates that each party will have the opportunity to fully investigate the facts of a dispute and bring to the attention of the trier of fact those facts most favorable to its position. This...more

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Wrongfully Convicted Man Threads the Needle: Virginia High Court Grants Writ of Actual Innocence

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Generally speaking, Virginia criminal defendants who want to challenge their convictions have only a few options. None of them are very good. They have 30 days from the date of their conviction to appeal to the Virginia Court...more

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Experts and Defenses in Legal Malpractice Cases: Virginia Supreme Court Sheds Some Important Light

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Last week, in Sere v. Trapeni, the Virginia Supreme Court handed down a very interesting opinion in a legal malpractice appeal. The Court provided important guidance on when a court’s previous rulings can affect new cases and...more

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Virginia Supreme Court Opinions Affecting Local Government Law – April 16, 2015

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The Virginia Supreme Court issued opinions this morning during its April term. This term resulted in several opinions affecting Virginia local government law. Opinions addressed evidence in a condemnation case, interpreted...more

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