Delayed Diagnosis Is Basis for Emotional Distress

Support Change Clause Not ‘Self-Executing’

By Deborah Elkins
Published: November 19, 2012
Tags: Domestic Relations, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

A 1999 property settlement agreement stating husband could reduce his monthly child support from $1,500 to $1,050 per month if, “through no fault” of his, he lost his supplemental income as a consultant, was not self-executing, and the husband owes an arrearage after his unilateral reduction of his child support obligation, a Fairfax Circuit Court [...]

Sanctions Ordered for ‘Frivolous’ Contract Claim

By Deborah Elkins
Published: November 19, 2012
Tags: Employment, Fairfax County Circuit Court, Judge Jane Marum Roush, Virginia Circuit Courts

An employer who was hurt and suspicious when he discovered defendant employee had formed a separate company working with two other employees, did not have a good faith basis for suing the former employee on conversion and trade secret claims, and the Fairfax Circuit Court orders sanctions against plaintiff employer under Va. Code § 8.01-271.1. [...]

UIM contributed $210K towards settlement of T-bone crash – $235,000 Settlement

By Virginia Lawyers Weekly
Published: November 12, 2012
Tags: Fairfax County Circuit Court, Personal Injury

The plaintiff, a 59-year-old man, was struck broadside while making a left turn in the middle of an intersection. Liability was contested. The defendant initially filed a counter claim for personal injury and property damage. The plaintiff sustained injury to his low back. After a year and a half of conservative treatment, including physical therapy [...]

Judge denies Dems’ request on poll watchers

By The Associated Press
Published: November 5, 2012
Tags: Elections, Fairfax County Circuit Court, Judge Dennis J. Smith

FAIRFAX, Va. (AP) — A judge late Friday rejected a request from Fairfax County Democrats seeking an injunction that would have protected the right of their poll watchers to speak to voters. Fairfax County Circuit Court Judge Dennis Smith rejected the request following a six-hour hearing in which two county election officers testified that the [...]

Counsel deleted: Battle over erased data leads to lawyer’s disqualification

By Peter Vieth
Published: October 15, 2012
Tags: Employment, Evidence, Fairfax County Circuit Court, Judge Charles James Maxfield, Technology

An attorney accused of destroying telltale “metadata” on two computer thumb drives has been yanked from a $20-million case right before a scheduled two-week trial. The disqualification of an employment rights lawyer and her Reston law firm highlights the peril for lawyers handling computer data.

Beer Rights Fight Remanded to ABC Board

By Deborah Elkins
Published: October 4, 2012
Tags: Administrative, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

In this dispute between two beer distributors over their respective territories and rights to distribute Dogfish beer, a Fairfax Circuit Court remands the case back to the ABC board because it is not clear from the administrative record that the board applied the proper presumption favoring the wholesaler. Under the Beer Franchise Act, Va. Code [...]

No Habeas Relief for Dual Pornography Convictions

By Deborah Elkins
Published: October 4, 2012
Tags: Criminal, Fairfax County Circuit Court, Judge Leslie M. Alden, Virginia Circuit Courts

A defendant convicted for possession of child pornography under 18 U.S.C. § 2252A(a)(5)(B) who then was convicted for production of child pornography using images of a girls soccer team that had supported the federal conviction, loses his state habeas challenge in Fairfax Circuit Court alleging ineffective assistance. Petitioner alleges counsel failed to adequately research the [...]

No P.I. Claim for Employee’s Estate

By Deborah Elkins
Published: October 4, 2012
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts, Workers' Comp

A Fairfax Circuit Court dismisses a personal injury suit filed by the estate of an employee who died in a car accident with his coworker, against the coworker and the employer, in light of the recent Supreme Court decision in Giordano v. McBar Indus. Inc., which held that the Workers’ Compensation Commission is the exclusive [...]

Krispy Kreme Has Timely Contract Claim

By Deborah Elkins
Published: October 4, 2012
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Real Estate, Virginia Circuit Courts

Krispy Kreme Doughnuts timely filed its counterclaim against the lessor of its storage and preparation center in Lorton alleging the lessor breached the lease when Krispy Kreme was forced to pay a monthly “pump and haul” fee to the county for its wastewater that formerly was handled by a Collection Facility the lessor conveyed to [...]