No Dismissal for Inadvertent Destruction of Drug 
By Deborah Elkins
Published: June 2, 2011
Tags: Criminal, Fairfax County Circuit Court, Judge Charles James Maxfield, Virginia Circuit Courts
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 a criminal defendant can show bad faith on the part of the police. Also relevant [...]
Negligence – Funeral Services – Emotional Distress – Economic Loss Doctrine
By Deborah Elkins
Published: December 30, 2010
Tags: Fairfax County Circuit Court, Judge Charles James Maxfield, Negligence, Virginia Circuit Courts
Plaintiffs who allege defendant funeral home presented the wrong body at the open-casket funeral planned for their family member, and that plaintiffs had to go to an off-site storage facility to help defendant locate their decedent, still dressed in hospital clothing and unprepared for the funeral, cannot sue the funeral home for either negligent or [...]
Negligence – Premises Liability – Parking Deck – Security Contractor
By Deborah Elkins
Published: December 28, 2010
Tags: Fairfax County Circuit Court, Judge Charles James Maxfield, Negligence, Virginia Circuit Courts
A Fairfax Circuit Court says a private security contractor for a mall parking deck cannot be sued for negligence based on allegations that security personnel did not respond to surveillance video images that showed the men who abducted a woman from the parking deck “brandishing” a replica handgun in the garage prior to the abduction. [...]
Suit, counterclaim filed over church construction – $762,640 Verdict for Counter-Claimants
By Virginia Lawyers Weekly
Published: July 19, 2010
Tags: Contract, Fairfax County Circuit Court, Judge Charles James Maxfield
On Feb. 19, 2008, Seoul Presbyterian Church (SPC) in Fairfax filed suit against a family construction business, Zion Contractor Co., and their shareholders, Jae Kwon, Byung Kwon and their son Don Kwon for fraud, breach of contract and unjust enrichment. The remaining shareholders, Sung D. Kim and Hye Yeon Kim, settled out of court early [...]
Business loan penalty was ‘unconscionable,’ judge says
By Peter Vieth
Published: May 31, 2010
Tags: Contract, Fairfax County Circuit Court, Judge Charles James Maxfield, Judge Jane Marum Roush
A Fairfax County judge has ruled a penalty clause of $300 a day in a business loan was unconscionable and unenforceable despite the fact that state usury laws did not apply to the loan. The ruling came in a dispute between a residential developer and a landowner who sold a site in Annandale, according 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 [...]
Corporate – ‘True’ Directors – Bylaws Amendment
By Deborah Elkins
Published: December 21, 2009
Tags: Corporate, Fairfax Circuit Court, Judge Charles James Maxfield
In this equitable action for declaratory judgment to determine the “true board” of a non-profit corporation, The Seniors Coalition Inc., a Fairfax Circuit Court holds that an attempt to change the composition of the board of directors without statutory authority is ineffective and cannot be ratified, and the legal board is to be determined without [...]
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