Quantcast
Home (page 36)

Tag Archives: Fairfax County Circuit Court

‘Bear hug’ of customer is within scope of employment – $1,200,000 Verdict (access required)

The sole cause of action was for vicarious liability of Lowe’s for its employee’s negligence in the “friendly bear-hugging” of a repeat customer at Lowe’s. Plaintiff is a 59-year-old Vietnamese contractor who operates his own home-improvement company. At the time ...

Read More »

Lease Not Terminated When Eviction Action Stopped (access required)

A commercial lease was not terminated when the landlord suspended its 2009 action for possession of space leased and assigned by a tenant, but in any event, the tenant owed rent for the four-month period following the assignee’s post-default eviction ...

Read More »

‘Harsh Result,’ But Refiled Personal Injury Suit Dismissed (access required)

In this personal injury litigation after a 2005 auto accident, with multiple complaints filed by plaintiff passenger and the intervening death of defendant driver, a Fairfax Circuit Court says plaintiff’s complaint filed in 2010 is time-barred. On Oct. 23, 2005, ...

Read More »

‘Ineffective Assistance’ Claim Exists for Pre-Padilla Plea (access required)

A habeas petitioner gets an evidentiary hearing on his Strickland claim based on his assertion that he would not have pleaded guilty to misdemeanor drug possession had his lawyer not advised him the conviction would not affect his legal immigration ...

Read More »

Confession Of Judgment With No Affidavit Set Aside (access required)

A Fairfax Circuit Court sets aside a confessed judgment against guarantors of a business loan by plaintiff bank, because an affidavit was not filed simultaneously with the confession of judgment, as explicitly required by the language of the guaranties. The ...

Read More »

No Dismissal for Inadvertent Destruction of Drug (access required)

A Fairfax Circuit Court refuses to dismiss a felony drug distribution charge because of the inadvertent destruction of the cocaine allegedly sold by defendant and seized by police. Failure to preserve potentially useful evidence does not violate due process unless ...

Read More »

Business Has No ‘Disparate Impact’ ECOA Claim (access required)

Even if the court recognized a “disparate impact” claim against a commercial lender under Virginia’s Equal Credit Opportunity Act, plaintiffs, a businessman of Indian descent and his four medical businesses, have not stated such a claim against defendant Wells Fargo, ...

Read More »

Husband Proves Cohabitation, Ends Support (access required)

Testimony about wife’s living arrangements with a man were not credible, a Fairfax Circuit Court says, and husband can stop spousal support because he proved her cohabitation under the parties’ PSA; however, granting husband attorney’s fees would only prejudice the ...

Read More »