High court provides primer on preserving objections 
By Peter Vieth
Published: April 30, 2012
Tags: Fairfax County Circuit Court, Judge Jan L. Brodie, Justice William C. Mims, Personal Injury, Supreme Court of Virginia News
A major brain injury claim that drew a small verdict from a Fairfax County jury provided an opportunity for the Supreme Court of Virginia to offer guidance to lawyers on preserving objections in a trial court record.
The auto accident victim, Mary Arnold, claimed permanent traumatic brain injury from a 2005 collision but came away from [...]
Contract Case Meant for Texas Courts
By Deborah Elkins
Published: April 2, 2012
Tags: Civil Procedure, Fairfax County Circuit Court, Judge Jan L. Brodie, Virginia Circuit Courts
Under a “Sales Teaming Agreement” between defendant Project Resource Consulting LLC (PRC) and plaintiff ITech Consulting Group Inc. Texas law would govern the Agreement, and further, the Fairfax Circuit Court does not have personal jurisdiction over defendant PRC, a New York LLC, and over defendant Agility Solutions Inc.
In the past, forum selection clauses in contracts [...]
Pedestrian hit on store sidewalk recovers for emotional injuries – $324,000 Verdict
By Virginia Lawyers Weekly
Published: February 27, 2012
Tags: Fairfax County Circuit Court, Judge Jan L. Brodie, Personal Injury
On March 9, 2007, the vehicle driven by the defendant approached a set of parking spaces in front of a gas-station convenience store. The defendant did not stop, ran over the curb onto the sidewalk in front of store, and hit the pedestrian plaintiff.
Plaintiff refused medical attention and first visited his primary care physician four [...]
Court Approves Dealer’s Service Center
By Deborah Elkins
Published: October 17, 2011
Tags: Administrative, Fairfax County Circuit Court, Judge Jan L. Brodie, Virginia Circuit Courts
A Fairfax Circuit Court upholds the decision of the commissioner of the Department of Motor Vehicles rejecting Springfield Toyota’s challenge to Page Toyota’s plans to open a Toyota Certified Service Center (TCSC) within the same Relative Market Area (RMA) in which Springfield operates; the service center is a “franchise,” not a “dealer” that sells vehicles, [...]
Nurse sexually assaults patient during pelvic exam – $400,000 Verdict
By Virginia Lawyers Weekly
Published: April 18, 2011
Tags: Fairfax County Circuit Court, Judge Jan L. Brodie, Medical Malpractice
Plaintiff, a 25-year-old single woman, went to Inova Urgent Care for what she thought was a yeast infection. After signing in, she was accompanied to an exam room by a male nurse and told to disrobe. The nurse returned and at his request she placed her legs into the stirrups and he performed a pelvic [...]
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 [...]
Jury trial waiver forfeited in scheduling order
By Peter Vieth
Published: January 24, 2011
Tags: ADR, Fairfax Circuit Court, Judge Jan L. Brodie, Judge Leslie Alden, Judge Stanley P. Klein, Landlord/Tenant
Lawyers disillusioned with mandatory arbitration are writing jury waiver clauses into their commercial contracts.
But the lawyer must be careful not to waive the client’s contractual right to a bench trial when the lawyer goes to court for a routine scheduling conference, as one Fairfax County lawyer discovered the hard way.
The lawyer’s signature on an order [...]
‘Deferred judgment’ practice on hold
By Peter Vieth
Published: December 20, 2010
Tags: Criminal, Fairfax County Circuit Court, Judge James W. Haley Jr., Judge Jan L. Brodie, Supreme Court of Virginia News, Virginia Court of Appeals News
Getting a court to defer judgment may be the best a lawyer can do for a particular criminal client.
But in some kinds of cases, that option has been in limbo for the last few years. Lawyers are watching closely to see if the Supreme Court of Virginia will rule on the subject at the court’s [...]
Sanctions ordered for ‘frivolous’ foreclosure suit
By Peter Vieth
Published: September 10, 2010
Tags: Federal Courts, Judge Jan L. Brodie, Judge Jonathan C. Thacher, Lawyer Discipline
An Alexandria lawyer who has filed numerous lawsuits challenging Northern Virginia foreclosures and evictions has been hit with nearly $10,000 in sanctions by a Fairfax Circuit judge who found the allegations of one action “frivolous.”
It’s not the first imposition of sanctions for Christopher E. Brown in his battle against banking interests in the wake of [...]
Criminal – Expungement Petition – Insanity Defense
By Deborah Elkins
Published: December 21, 2009
Tags: Criminal, Fairfax Circuit Court, Judge Jan L. Brodie
A Fairfax Circuit Court denies a petition for expungement of a 2005 criminal record filed by a man who formerly was found not guilty by reason of insanity of a charge of maliciously causing bodily injury in violation of Va. Code § 18.2-51.
Petitioner has no other criminal convictions and states that possible dissemination of information [...]
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