Virginia Case Commentaries

Fees-on-Fees Are Not Automatic: Trial Courts May Deny Post-Settlement Fee-Litigation Time as Unreasonable Under Fee-Shifting Statutes

Date: Apr 24, 2026

Fees-on-Fees Are Not Automatic: Trial Courts May Deny Post-Settlement Fee-Litigation Time as Unreasonable Under Fee-Shifting Statutes 1. Introduction Butcher v. General R.V. Center, Inc. (Va. Apr....

Edwards Is Not a Permanent Taint: Post-Invocation Statements Are Admissible After Interrogation Ends, the Suspect Reinitiates, and a Knowing Waiver Follows

Date: Apr 24, 2026

Edwards Is Not a Permanent Taint: Post-Invocation Statements Are Admissible After Interrogation Ends, the Suspect Reinitiates, and a Knowing Waiver Follows I. Introduction Commonwealth v. Fayne...

Commonwealth v. Richerson — Totality-of-the-Evidence Controls DUI Sufficiency; Appellate Courts May Not Reweigh Body-Cam “Inconsistencies” or Invent Innocent Hypotheses

Date: Apr 24, 2026

Commonwealth v. Richerson: Totality-of-the-Evidence Controls DUI Sufficiency; Appellate Courts May Not Reweigh Body-Cam “Inconsistencies” or Invent Innocent Hypotheses 1. Introduction In Commonwealth...

Near-Fatal Overdose as “Physical Illness or Other Cause” Rendering an Adult “Vulnerable” Under Code § 18.2-369(C)

Date: Apr 24, 2026

Near-Fatal Overdose as “Physical Illness or Other Cause” Rendering an Adult “Vulnerable” Under Code § 18.2-369(C) 1. Introduction In Fergeson v. Commonwealth (ORDER) (Va. Apr. 23, 2026), the Supreme...

Code § 19.2-56(B) Applies as a Unified “Place of Abode” Rule: Copy-of-Warrant/Affidavit Duty Does Not Extend to Commercial Searches

Date: Apr 20, 2026

Code § 19.2-56(B) Applies as a Unified “Place of Abode” Rule: Copy-of-Warrant/Affidavit Duty Does Not Extend to Commercial Searches 1. Introduction Case: Blow v. Commonwealth (Supreme Court of...

Traffic-Stop “Mission” Includes Scene Control When Driver Cannot Lawfully Depart: Brief Drug/Weapon Questions Do Not Prolong the Stop

Date: Apr 20, 2026

Traffic-Stop “Mission” Includes Scene Control When Driver Cannot Lawfully Depart: Brief Drug/Weapon Questions Do Not Prolong the Stop Introduction In Commonwealth v. Knight-Walker (Va. Apr. 16,...

Market-Familiar Drug Dealer Inference: Knowledge of Fentanyl in a Heroin/Fentanyl Mixture & Limits of the “Reasonable Hypothesis of Innocence”

Date: Apr 20, 2026

Market-Familiar Drug Dealer Inference: Knowledge of Fentanyl in a Heroin/Fentanyl Mixture & Limits of the “Reasonable Hypothesis of Innocence” I. Introduction In Cuffee v. Commonwealth (Supreme Court...

Defined-Width Easements Governed by Purpose-and-Reasonableness (Not Automatic “Clear the Full Width”) Rule

Date: Apr 16, 2026

Defined-Width Easements Governed by Purpose-and-Reasonableness (Not Automatic “Clear the Full Width”) Rule Thibault Enterprises, LLC v. Yost (Supreme Court of Virginia, Apr. 9, 2026) — Opinion by...

Stevens v. Jurnigan: Appellate Deference to Circuit Court Factfinding on Evidentiary Pleas in Bar

Date: Apr 10, 2026

Stevens v. Jurnigan: Appellate Deference to Circuit Court Factfinding on Evidentiary Pleas in Bar I. Introduction Case: Stevens v. Jurnigan (Supreme Court of Virginia, Apr. 9, 2026). Parties:...

Nonmandatory Child-Abuse Reporters Receive § 63.2-1512 Immunity Only for Complaints Made “Pursuant to” § 63.2-1510 (Not to Law Enforcement Alone)

Date: Apr 4, 2026

Nonmandatory Child-Abuse Reporters Receive § 63.2-1512 Immunity Only for Complaints Made “Pursuant to” § 63.2-1510 (Not to Law Enforcement Alone) Introduction In Cupp v. Delta Air Lines, Inc....

Indefinite-Form Probation Clauses Are Not Facially Invalid When Statutory Caps Apply: Commonwealth v. Moncrea

Date: Apr 4, 2026

Indefinite-Form Probation Clauses Are Not Facially Invalid When Statutory Caps Apply: Commonwealth v. Moncrea Supreme Court of Virginia (Apr. 2, 2026) — Record No. 240844 1. Introduction In...

Lee v. Virginia State Bar: Harmless-Error Cure for Alleged Bar Certification Irregularities After De Novo Discipline Trial

Date: Mar 21, 2026

Lee v. Virginia State Bar: Harmless-Error Cure for Alleged Bar Certification Irregularities After De Novo Discipline Trial Introduction In Lee v. Virginia State Bar (Va. Mar. 19, 2026), the Supreme...

Clarifying “Promptly” on Remand and Ending § 8.01-626 Interlocutory Jurisdiction After a Stay-Only Order

Date: Mar 19, 2026

Clarifying “Promptly” on Remand and Ending § 8.01-626 Interlocutory Jurisdiction After a Stay-Only Order Introduction Koski v. Republican National Committee (ORDER) is an order of the Supreme Court...

“Just Cause” Under Code § 63.2-1202(H) Is a Discretionary, Totality-of-Circumstances Standard (Not a Per Se Rule) Even When a No-Contact Order Exists

Date: Mar 14, 2026

“Just Cause” Under Code § 63.2-1202(H) Is a Discretionary, Totality-of-Circumstances Standard (Not a Per Se Rule) Even When a No-Contact Order Exists I. Introduction In Perkins v. Howington (Va. Mar....

Koski v. Republican National Committee: Broad Election-Enjoining TRO Treated as Appealable Preliminary Injunction; Scott v. James Prudential Bar on Enjoining Referenda

Date: Mar 7, 2026

Koski v. Republican National Committee: Broad Election-Enjoining TRO Treated as Appealable Preliminary Injunction; Scott v. James Prudential Bar on Enjoining Referenda 1. Introduction In Koski v....

Garofalo v. Di Vincenzo: Virginia Defines “Evident Partiality” as Objectively Obvious Bias and Holds Mere (Even Material) Nondisclosure Is Not Automatically Vacatur

Date: Feb 27, 2026

Garofalo v. Di Vincenzo: Virginia Defines “Evident Partiality” as Objectively Obvious Bias and Holds Mere Nondisclosure Is Not Automatically Vacatur I. Introduction Case: Garofalo v. Di Vincenzo...

Corporate Derivative Sovereign Immunity Requires a James v. Jane Fact Inquiry (No Automatic Immunity for Hospital-Authority Subsidiaries)

Date: Feb 27, 2026

Corporate Derivative Sovereign Immunity Requires a James v. Jane Fact Inquiry (No Automatic Immunity for Hospital-Authority Subsidiaries) I. Introduction In Sentara Medical Group v. Klena (Supreme...

Transmission CPCNs in Virginia: “Consideration” Means Reflection, Not Substantial-Accord Findings; Staff Verification Suffices Under Code § 56-46.1(B)

Date: Feb 26, 2026

Transmission CPCNs in Virginia: “Consideration” Means Reflection, Not Substantial-Accord Findings; Staff Verification Suffices Under Code § 56-46.1(B) Lansdowne Conservancy v. SCCC, Supreme Court of...

Loudoun County v. State Corporation Commission: “Consideration,” Not “Substantial Accord,” Governs Local Plans in CPCNs; Undergrounding May Be Rejected as Infeasible Based on Cost, Engineering, and Schedule Impediments

Date: Feb 26, 2026

Loudoun County v. State Corporation Commission: “Consideration,” Not “Substantial Accord,” Governs Local Plans in CPCNs; Undergrounding May Be Rejected as Infeasible Based on Cost, Engineering, and...

“Consideration” Means Reflection: SCC Need Not Make Local “Substantial Accord” Findings When Granting Transmission-Line CPCNs Under Code § 56-46.1

Date: Feb 26, 2026

“Consideration” Means Reflection: SCC Need Not Make Local “Substantial Accord” Findings When Granting Transmission-Line CPCNs Under Code § 56-46.1 I. Introduction In Loudoun County v. SCC...