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If any of those circumstances are present, the court must deny the petition. Dep't of Alcoholic Beverage Control 02/22/2018 In an appeal from a state employee grievance proceeding brought by a special agent of the Virginia Department of Alcoholic Beverage Control who was terminated, the opinion of the Court of Appeals is vacated.
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As of February 8, 2008 all opinions are Adobe Acrobat PDF documents.
Supreme Court of Virginia Opinions
However, even when those circumstances are absent, the court is not required to grant the petition and retains broad discretion in ruling on the petition. For the reasons stated in the present opinion, the judgment of that court is affirmed upholding the circuit courts affirmance of a hearing officers decision to uphold the agents termination based on his actions that failed to follow Department policy, regulations and training, and violated the constitutional rights of a retail alcohol license applicant. Sublett 02/22/2018 In a medical malpractice action, the plaintiff failed to present sufficient evidence to prove causation of injury resulting from a two-day delay in treatment of a perforated bowel incurred during performance of a hysterectomy.Since the testator was alive during the prior litigation, the sons interest in the tentative dispositions of her will was nothing more than a bare expectancy, and he had suffered no injury.
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Thus, the present cause of action had not accrued, and claim preclusion cannot bar it now.
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