Fairfax Circuit Court | Virginia Lawyers Weekly

Sanctions: Lawyer, client ordered to pay other party’s fees

By Peter Vieth
Published: July 2, 2010
Tags: Fairfax Circuit Court, Judge Jonathan C. Thacher, Lawyer Discipline, Real Estate

A Fairfax County circuit judge has ordered both a lawyer and his real estate broker client to pay $272,000 in attorneys’ fees and costs, finding they pursued “vindictive” litigation all the way to trial without any possible chance of success. In a 13-page opinion, Circuit Judge Jonathan C. Thacher approved most of the defendants’ requested [...]

Patient alleges failure to diagnose compartment syndrome – Defense Verdict

By Virginia Lawyers Weekly
Published: June 28, 2010
Tags: Fairfax Circuit Court, Judge Jonathan C. Thacher, Medical Malpractice, Million-Dollar Defense Verdicts

On Dec. 4, 2006, plaintiff underwent a prostatectomy in the supine position. Following the prostatectomy, plaintiff developed right leg pain and plaintiff’s urologist asked the defendant vascular surgeon to consult. Defendant examined plaintiff on Dec. 6 and noted that plaintiff had redness, swelling, tenderness and pain in the right leg. After conducting a thorough examination, [...]

Civil Procedure – Complaint ‘Courtesy Copy’ – Answer

By Deborah Elkins
Published: May 14, 2010
Tags: Civil Procedure, Fairfax Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

A defendant in a med-mal case is not prohibited from filing an answer to a plaintiff’s complaint which has been filed, but not served, but a defendant who voluntarily files an answer forfeits the right to demand plaintiff’s expert witness certification under Va. Code § 8.01-20.1, says a Fairfax Circuit Court. A defendant in a [...]

Contract – Arbitration – Superseding Agreement – Calif. Law

By Deborah Elkins
Published: March 19, 2010
Tags: Contract, Fairfax Circuit Court, Judge Robert J. Smith, Virginia Circuit Courts

A private equity fund manager’s breach of contract suit on compensation issues is stayed pending arbitration, a Fairfax Circuit Court says, despite the fund manager’s claim that two operating agreements superseded his original employment letter agreement that contained the provision in which the parties agreed to “resolve all disputes arising out of and related to” [...]

Corporate – LLC Manager – Competing Business

By Deborah Elkins
Published: March 19, 2010
Tags: Corporate, Fairfax Circuit Court, Judge Charles James Maxfield, Virginia Circuit Courts

Although an LLC’s operating agreement says that a unanimous vote is required for the three-member board of managers to act, this provision does not bar the LLC from suing one manager it alleges formed a competing electrical contracting business to siphon off customers, a Fairfax Circuit Court says in a case of first impression. In [...]

Negligence – Slip & Fall – Sovereign Immunity

By Deborah Elkins
Published: March 19, 2010
Tags: Fairfax Circuit Court, Judge Robert J. Smith, Negligence, Virginia Circuit Courts

A Fairfax Circuit Court sustains the commonwealth’s plea of sovereign immunity to a plaintiff’s suit alleging she was walking on a sidewalk and tripped over a metal signpost base and fractured both wrists and suffered abrasions to her head, shoulder, elbow and hip. The alleged negligence in this case stems from the alleged failure to [...]

Real Estate – Commercial Lease – Guaranty

By Deborah Elkins
Published: March 19, 2010
Tags: Fairfax Circuit Court, Judge Jonathan C. Thacher, Real Estate, Virginia Circuit Courts

A Fairfax Circuit Court sustains, with leave to amend a guarantor’s demurrer to plaintiff lessor’s complaint seeking damages from the assignor tenant and defendant guarantor, after default by the assignee tenant. The guaranty here clearly states that defendant Ray Park is guarantor of Crown Enterprises Inc., not any successors in interest, and that Park is [...]

Unemployment Comp – Misconduct – Insubordination

By Deborah Elkins
Published: March 19, 2010
Tags: Fairfax Circuit Court, Judge Jane Marum Roush, Unemployment Comp, Virginia Circuit Courts

A claimant’s alleged failure to pick up from a customer for a two-week period, as directed by employer, was not misconduct that would disqualify claimant from receiving unemployment compensation after his termination, and a Fairfax Circuit Court reverses the Employment Commission’s contrary decision. It is the opinion of this court that the commission’s factual findings [...]

Domestic Relations – Adultery – Sanctions Under Va. Statute

By Deborah Elkins
Published: March 19, 2010
Tags: Domestic Relations, Fairfax Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

A lawyer’s recitation of husband’s e-mail and internet traffic using a private account and visiting adult web sites does not support his claim that husband has committed adultery, and a Fairfax Circuit Court orders sanctions of $2,638 in attorney’s fees on the lawyer under Va. Code § 8.01-171.1. At a hearing, the court addressed wife’s [...]

Municipal – Inverse Condemnation – Flooding – Single Occurrence

By Deborah Elkins
Published: March 19, 2010
Tags: Fairfax Circuit Court, Judge Robert J. Smith, Municipal, Virginia Circuit Courts

A one-time incident of flooding does not support a cause of action for inverse condemnation against Fairfax County and a mere allegation that the county did nothing more than acquiesce in the construction of the Beltway does not support an action for inverse condemnation against the Virginia Department of Transportation, says a Fairfax Circuit Court. [...]

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