Judge David Stanford Schell « Virginia Lawyers Weekly

Lease Not Terminated When Eviction Action Stopped

By Deborah Elkins
Published: June 7, 2011
Tags: Fairfax County Circuit Court, Judge David Stanford Schell, Landlord/Tenant, Virginia Circuit Courts

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 before the premises were relet; a Fairfax Circuit Court enters judgment for the landlord.
The sole [...]

No Plea in Bar for ‘Wrong Defendant’ Defense

By Deborah Elkins
Published: May 26, 2011
Tags: Fairfax County Circuit Court, Judge David Stanford Schell, Negligence, Virginia Circuit Courts

Although a pro se plaintiff sued the owner, not the driver, of the vehicle involved in an auto accident that allegedly caused his injuries, a Fairfax Circuit Court overrules the owner’s plea in bar arguing plaintiff sued the wrong defendant, as plaintiff’s complaint may be read to assert a claim of negligent entrustment.
A plea in [...]

Motorist hit while standing beside disabled vehicle – $20,000 Verdict

By Virginia Lawyers Weekly
Published: May 23, 2011
Tags: Fairfax County Circuit Court, Judge David Stanford Schell, Personal Injury

Plaintiff was standing beside her disabled vehicle when she was struck by the defendant’s vehicle, which was approaching from behind.
She alleged that the defendant caused the collision by following the car in front of her too closely, leaving insufficient time to react. Plaintiff testified her injuries had largely resolved by the time of trial.
[11-T-062]
Type of [...]

Lawyer beats pro se malpractice lawsuit

By Peter Vieth
Published: February 21, 2011
Tags: Fairfax County Circuit Court, Judge Brett A. Kassabian, Judge David Stanford Schell, Judge Dennis J. Smith, Judge Gerald Bruce Lee, Judge Jan L. Brodie, Judge R. Terrence Ney, Legal Malpractice

The slightly built woman stands, apparently alone, on a busy corner in bustling Tysons Corner, Virginia. In the video she posted on YouTube, she is dwarfed by the office buildings behind her and appears in danger of being blown over by the rush of traffic.
The woman carries a battery of signs – two sandwich-style [...]

Fee dispute suit spawns battle of ex-presidents

By Peter Vieth
Published: August 27, 2010
Tags: Attorneys, Fairfax County Circuit Court, Judge David Stanford Schell

A fee collection lawsuit in Fairfax has turned into a battle pitting a former president of the Virginia Bar Association against a former president of the Virginia State Bar amid allegations of legal malpractice and overbilling.
The Lewis Law Firm is a Virginia firm based in Washington; it is headed by Glenn C. Lewis, who led [...]

Real Estate – HOAs – Disclosure Packet – Slander Of Title

By Deborah Elkins
Published: July 16, 2010
Tags: Fairfax County Circuit Court, Judge David Stanford Schell, Real Estate, Virginia Circuit Courts

A Fairfax Circuit Court dismisses a homeowner’s suit against a Falls Church homeowners’ association alleging slander of title and tortious interference with contract allegedly arising from statements in the association’s Disclosure Property questioning placement of a fence.
Plaintiff alleges counts of slander of title, tortious interference and violation of Va. Code § 55-515(A), and separately seeks [...]

Criminal – Brady Claim – Exculpatory Evidence

By Deborah Elkins
Published: February 1, 2010
Tags: Criminal, Fairfax Circuit Court, Judge David Stanford Schell

A Fairfax Circuit Court sets aside defendant’s robbery and abduction for profit convictions because the commonwealth’s failure to inform defendant that a codefendant was given consideration for his testimony against defendant, an omission that violated defendant’s due process rights under Brady v. Maryland, and because the prosecutor’s failure to correct a witness’s known false testimony [...]

Civil Procedure – Statement Of Facts – Timely Filing

By Deborah Elkins
Published: December 21, 2009
Tags: Civil Procedure, Fairfax Circuit Court, Judge David Stanford Schell

A Fairfax Circuit declines to sign or certify a Statement of Facts filed too late by defendants, who seek to set aside a default judgment entered against them.
Rule 5:5(a) provides that the times prescribed for filing a written statement of facts are mandatory.
Rule 5:11 provides that a written statement of facts becomes a part [...]

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