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Tag Archives: Fairfax County Circuit Court

Retainers – Advanced Payment of Fees and Expenses – Property of Client (access required)

Allen Corporation of America Inc. v. Zayas; Miles & Stockbridge P.C., Garnishee (VLW No. 017-8-098, 6pp.) (Shannon, J.) Fairfax Cir.Ct. CL-2017-07300 Holding: Where the garnishee-law firm held for the defendant-judgment debtor a retainer fee in trust as security for the ...

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Subcontract – Warranty – Virginia Consumer Protection Act – Statute of Limitations (access required)

Johnston v. Stephan (VLW No. 017-8-097, 14 pp.) (Bernhard, J.) Fairfax Cir.Ct.Case No. Cl-2017-5006 Holding: Where the defendant-subcontractor installed a roof under a subcontract with a general contractor employed by a homeowner who then sold the home to plaintiff-homeowners, the ...

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Operation for melanoma was too extensive – $275,000 Verdict (access required)

Plaintiff was diagnosed with malignant melanoma on his back. Accordingly he underwent a large resection in order to gain clean margins, and sentinel node biopsy. Surgical pathology revealed no cancer. The case was that although the initial biopsy had some ...

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Bid for attorney fees came too late, court says (access required)

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An executive who successfully defended a trade secrets action and then filed to recover attorneys’ fees was too late, under a ruling this month from the Supreme Court of Virginia. The court said the rules required the executive to seek ...

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Informing Jury Panel of Penalty Ranges during Voir Dire – Trial Judge’s Discretion – Jury Nullification (access required)

Commonwealth v. Hockett Barela (VLW No. 017-8-089, 12 pp.) Fairfax.Cir.Ct. (Bernhard, J.) MI-2017-4 Holding: Where the trial court’s discretion to inform juries of penalty ranges during voir dire is not circumscribed except by the abuse of discretion standard, and there ...

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Driver crossed double line, hit motorcyclist – $350,000 Settlement (access required)

Plaintiff was oper­ating a 2009 Harley Davidson motorcy­cle heading north­bound on Hunter Mill Road in Fairfax County. At the same time and place the defen­dant was operating a 2012 Toyota Taco­ma heading south­bound on Hunter Mill Road when the defendant ...

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Landlord Proves Fraudulent Conveyance Against Lawyers and Defunct Law Firm (access required)

A partnership that owned the site of a defunct Fairfax County law practice is entitled to judgment against the former principals, including a former congressman, and other entities for $380,864.91 for both fraudulent conveyance and voluntary conveyance. The partnership also ...

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