Farish v. Courion Industries, Inc.

When “everyone is out of step but Johnny,” it behooves Jonathan to reexamine his position. Having done so, I, nevertheless, am led to the firm conviction that the cor*1119rect rationale for decision is somewhere between that announced by Judge Sprouse, speaking for the en banc majority, and that of Judge Phillips in dissent, with the final conclusion on the merits of the two cases presently before us favoring the defendants.

I

Judge Sprouse has set forth, succinctly yet completely, all that need be said to demonstrate that, under Virginia law, retrospective application of statutes is disfavored:…