A few posts back, we talked about the Supreme Court of Virginia’s Fultz case, and discussed the relative evolution of state and federal pleading standards. Mack Sperling wrote in to note a recent case, Holleman v. Aiken, in which the North Carolina Court of Appeals declined to follow Twombly, stating that it
Opinions and Analysis
Bad News for Appellees: Whitehead v. Commonwealth
By Jay O'Keeffe on
Posted in Opinions and Analysis, Preservation of Error
Here’s a scary new Supreme Court opinion: Whitehead v. Commonwealth. The facts of the case are depressing. Whitehead’s boyfriend was breaking into cars and storing his pilfered goods at her apartment, while helping her pay rent and support their daughter. Danville’s finest intervened, and Whitehead was convicted of receiving stolen property based on a…
New Virginia Supreme Court Opinion: Fultz v. Delhaize Am., Inc.
By Jay O'Keeffe on
Posted in Opinions and Analysis
The Supreme Court of Virginia pulls off a neat trick in Fultz v. Delhaize America, Inc. It hands down an opinion that’s factually and doctrinally unremarkable–even boring–on its own terms, yet fascinating in the broader context of the current state of the law.
Doris Fultz, accompanied by her 3-year-old grandson, visited a grocery store’s …