Latest 2 Cases: Flanders v. Commonwealth (Criminal Law), Tahboub v. Thiagarajah (Medical Malpractice)

The Investors’ Control of Their Investment Advisers. Who Has the Final Word?

TAMAR FRANKEL

BU Law emerita professor Tamar Frankel discusses an emerging issue affecting financial advisers—when a client may exercise control over the actions of the adviser. Frankel relates the story of an investment adviser that did not follow the client’s orders to cease certain investments, at a cost of almost $5 million to the client. As Frankel explains, the Securities and Exchange Commission (SEC) got involved, resulting in the investment adviser’s settlement for a significant payment to the client and other conditions.

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Flanders v. Commonwealth

Docket: 181228

Opinion Date: February 13, 2020

Judge: William C. Mims

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals upholding Appellant's conviction, holding that the evidence was sufficient to sustain Appellant's conviction for felony homicide because felony hit and run may serve as a predicate offense for a felony homicide conviction. Appellant was charged with felony hit and run and felony homicide for a single incident. Counsel for Appellant moved to strike the felony homicide charge at the close of the Commonwealth's evidence, arguing that a hit and run in violation of Va. Code 46.2-894 was insufficient as a matter of law to support a conviction of felony homicide. In response, the Commonwealth argued that a felony homicide was proper because the homicide was within the res gestae of the predicate hit and run. The trial court denied the motion to strike and found Appellant guilty of both charges. The court of appeals affirmed. The Supreme Court affirmed, holding that the evidence was sufficient to establish that Appellant committed the hit and run with malice sufficient to elevate the killing to second-degree murder and that the victim's death occurred within the res gestae of the underlying hit and run.

Tahboub v. Thiagarajah

Docket: 190019

Opinion Date: February 13, 2020

Judge: William C. Mims

Areas of Law: Medical Malpractice, Personal Injury

In this medical malpractice appeal, the Supreme Court reversed the judgment of the circuit court granting Defendants' motion to strike the evidence on the ground that it was insufficient to prove causation, holding that Plaintiff's evidence was sufficient to establish a prima facie case and survive a motion to strike at the conclusion of Plaintiff's case-in-chief. Plaintiff, as the personal representative and the administrator of his deceased wife's estate, filed a complaint alleging that Defendants had been professionally negligent, which had caused his wife's wrongful death. At the conclusion of Plaintiff's case-in-chief, Defendants moved to strike the evidence. The circuit court granted the motion and entered a final order awarding judgment to Defendants. The Supreme Court reversed, holding that Plaintiff's evidence was sufficient to defeat Defendants' motion to strike and that the circuit court erred by failing to view all of Plaintiff's evidence in the light most favorable to him.