Fairfax County Circuit Court « Virginia Lawyers Weekly

Waiver Valid with Parol Evidence

By Deborah Elkins
Published: February 7, 2012
Tags: Contract, Fairfax County Circuit Court, Judge Lorraine Nordlund, Virginia Circuit Courts

In this suit by an Indian businessman and his four businesses over commercial loans obtained from defendant bank, the Fairfax Circuit Court says the Waiver and Amendment Agreement plaintiff negotiated with the bank is valid and enforceable, and bars plaintiffs’ claim for breach of contract.
This case arises out of a dispute between Mr. Krishnan Suthanthiran [...]

Lis Pendens Was Not Slander of Title

By Deborah Elkins
Published: February 6, 2012
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Real Estate, Virginia Circuit Courts

In this real estate dispute over the parties’ 2007 agreement granting an easement to construct a roadway and later sale of plaintiff’s property, a Fairfax Circuit Court dismisses plaintiff’s claims for slander of title, intentional interference with contract and abuse of process arising from defendant filing a lis pendens against plaintiff’s property.
Plaintiffs Benjamin Smith Jr. [...]

In-house lawyer beats VSB in ethics dust-up

By Peter Vieth
Published: January 20, 2012
Tags: Business, Fairfax County Circuit Court, Judge Melvin R. Hughes Jr., Lawyer Discipline, Richmond Circuit Court, Virginia State Bar

Even though his company was twice sanctioned in litigation with a software supplier, a former in-house lawyer came out almost unscathed in a battle with the Virginia State Bar over ethics charges based on how he handled a multi-million-dollar business dispute.
Stephen T. Perkins – former general counsel for Richmond-based Cavalier Telephone LLC – emerged from [...]

Episcopal church wins control of state churches

By The Associated Press
Published: January 17, 2012
Tags: Fairfax County Circuit Court, Judge Randy I. Bellows, Real Estate

FAIRFAX (AP) The Episcopal Church should be restored as the owner of several historic churches in Virginia, a Fairfax circuit judge has ruled, years after the denomination was essentially evicted by local congregations dismayed with Episcopal leadership’s liberal theology.
In a 113-page ruling issued Tuesday night, Fairfax Circuit Judge Randy Bellows reversed a ruling he made [...]

Expungement OK After Charge Reduced

By Deborah Elkins
Published: January 17, 2012
Tags: Criminal, Fairfax County Circuit Court, Judge Lorraine Nordlund, Virginia Circuit Courts

A Fairfax Circuit Court grants a petition to expunge police and court records relating to petitioner’s 2001 arrest for sale and/or distribution of marijuana, which was nolle prossed, and a 2010 arrest for reckless driving, which was reduced to improper driving.
Under Va. Code § 19.2-392.2(A), if a person is acquitted of a crime, if a [...]

No Hearing On Officer Grievance

By Deborah Elkins
Published: January 17, 2012
Tags: Employment, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

A Fairfax Circuit Court denies an administrative hearing to a police officer who protests receiving a performance evaluation that rated him at the “Contributor” level for 2009-2010, which allegedly was lower than previous performance ratings.
The Employment Dispute Resolution Board (EDR) denied petitioner’s request for a separate hearing to hear his grievance. Petitioner contends his supervisor [...]

Suit After Foreclosure Time-Barred

By Deborah Elkins
Published: January 13, 2012
Tags: Fairfax County Circuit Court, Judge Robert J. Smith, Real Estate, Virginia Circuit Courts

A title company’s claim, as subrogee of a mortgage company, against a defendant accrued when defendant did not meet its contractual obligation to secure the mortgage company’s security interest in the property with a first-priority deed of trust, and a Fairfax Circuit Court grants defendant’s plea in bar because the claim is time-barred.
On May 14, [...]

Suit against job-applicant screener dismissed

By Deborah Elkins
Published: January 10, 2012
Tags: Fairfax County Circuit Court, Judge Randy I. Bellows, Negligence

A Fairfax Circuit Court has rejected a negligence claim against a company that screens job applicants for allegedly missing the “extensive” criminal record of a leasing agent hired by a Falls Church apartment complex.
The company, Liberty Screening Services Ltd., allegedly did the background check on Mark Lawlor before he was hired [...]

Investor’s Claim under Securities Act Advances

By Deborah Elkins
Published: January 9, 2012
Tags: Corporate, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

An investor who thought his $200,000 payment to defendants was buying 40,000 shares in C2 Future stock that would allow expansion of an educational company into Korea, instead of “office expenses for existing schools,” can sue defendants for an alleged fraudulent scheme that violated the Virginia Securities Act, says a Fairfax Circuit Court.
Defendants argue the [...]

No Writ Based on Immigration Consequences

By Deborah Elkins
Published: January 9, 2012
Tags: Criminal, Fairfax County Circuit Court, Judge Jane Marum Roush, Virginia Circuit Courts

A Fairfax Circuit Court says a woman who rejected the prosecutor’s offer to allow her to plead guilty to misdemeanor shoplifting, and who was convicted by a jury of felony shoplifting, is not entitled to a writ of coram vobis on a claim she did not understand her felony conviction might jeopardize her immigration status.
Petitioner [...]

Virginia Lawyers Weekly