Too much talk 
By Peter Vieth
Published: April 4, 2011
Tags: Fairfax County Circuit Court, Judge Jane Marum Roush, Legal Malpractice
A Fairfax circuit judge bounced a Maryland lawyer from a Virginia legal malpractice case last month for alleged bad behavior at a series of “contentious and hostile” depositions.
In effect, the lawyer was thrown off the case for talking too much.
Fairfax Circuit Judge Jane Marum Roush found the lawyer had violated an order barring “speaking objections” [...]
Investors’ Group Can Amend Contract Claim
By Deborah Elkins
Published: March 31, 2011
Tags: Contract, Fairfax County Circuit Court, Judge Jane Marum Roush, Virginia Circuit Courts
In this contract dispute between plaintiff investors’ group that allegedly procured financing for defendant Allied Defense Group, a Fairfax Circuit Court reconsiders its earlier rulings on demurrers, and says plaintiff arguably has stated a claim for breach of a promise to pay plaintiff for its services after plaintiff was advised that the funding was rejected, [...]
Restaurant Lease Guarantor Hangs on to His Win
By Deborah Elkins
Published: March 29, 2011
Tags: Fairfax County Circuit Court, Judge Jane Marum Roush, Landlord/Tenant, Virginia Circuit Courts
A landlord can’t overturn a jury verdict for a guarantor of a restaurant lease with a claim of “jury nullification”; a Fairfax Circuit Court says the guarantor’s testimony that he received a verbal assurance that his guaranty was released when the restaurant changed hands in 2004 supported the view that the claimed damages were not [...]
Mom Pays Fees After Custody Change to Dad
By Deborah Elkins
Published: March 8, 2011
Tags: Domestic Relations, Judge Jane Marum Roush, Virginia Court of Appeals
The Court of Appeals says appellate attorney’s fees and costs will be awarded against a pro se mother who appealed the trial court’s modification of joint custody to give the father primary control over three-year-old child after a two-day hearing.
About one year after the parties divorced in 2008 with agreed joint custody, mother moved [...]
Recusal can be a touchy moment for a lawyer
By Alan Cooper
Published: February 28, 2011
Tags: Colonial Heights Circuit Court, Fairfax County Circuit Court, General District Courts, Henrico County Circuit Court, Judge Jane Marum Roush, Judge Lee A. Harris Jr., Judge Timothy J. Hauler, Judge William N. Alexander II, Justice Elizabeth B. Lacy, Justice S. Bernard Goodwyn, Supreme Court of Virginia News, Virginia Court of Appeals News
It can be a ticklish and touchy moment for a lawyer: the judge in a case has a conflict and needs to pass the file to a colleague. But whether, and how, to ask a judge to recuse herself can be a major source of heartburn.
As it turns out, judges are much more likely to [...]
Landlord tries to recover from tenant’s guarantor – Defense Verdict
By Virginia Lawyers Weekly
Published: February 14, 2011
Tags: Contract, Fairfax County Circuit Court, Judge Jane Marum Roush
Plaintiff landlord, Reese Merrifalls LLC, sought to hold defendant guarantor, Ray Park, liable under a lease guaranty dated May 17, 2002. The term of theA lease defendant guaranteed was until May of 2007, with an option to extend for five years. Subsequent to defendant’s signing the guaranty, the underlying lease was assigned to a new [...]
Infant settlement procedures get an overhaul in Fairfax
By Peter Vieth
Published: January 31, 2011
Tags: Domestic Relations, Ethics, Fairfax County Circuit Court, Judge Dennis J. Smith, Judge Jane Marum Roush, Judge Thomas D. Horne, Loudoun County Circuit Court, Virginia State Bar
Some Northern Virginia judges and lawyers are taking a fresh look at what had been a routine procedure intended to protect the rights of children when settling their civil claims.
In Loudoun and Fairfax Counties, judges have decided that, in many cases where they are called on to approve tort settlements, they want to pick the [...]
High court: More criminal cases, more orders
By Paul Fletcher
Published: July 30, 2010
Tags: Judge Jane Marum Roush, Supreme Court of Virginia News
HOT SPRINGS— Civil litigators, feeling left out when you look at the docket for the Supreme Court of Virginia? There may be a reason.
The Supreme Court is taking more criminal cases than it used to, and the court is deciding more appeals by unpublished order.
Those are among the observations of Fairfax Circuit Judge Jane Marum [...]
Civil Procedure – P.I. Case – Impeachment – Felony Record – Disability Removal
By Deborah Elkins
Published: June 25, 2010
Tags: Civil Procedure, Fairfax County Circuit Court, Judge Jane Marum Roush, Virginia Circuit Courts
A p.i. plaintiff cannot keep defendant in this motor vehicle accident case from mentioning plaintiff’s 30-year-old drug convictions even though the governor removed political disabilities arising from the prior convictions, a Fairfax Circuit Court says in this case of first impression.
In his motion in limine, plaintiff argues the removal of his political disabilities prevents defendant [...]
Rights restored, man still can be impeached
By Peter Vieth
Published: June 24, 2010
Tags: Fairfax County Circuit Court, Judge Jane Marum Roush, Personal Injury
A plaintiff testifying about his personal injury claim can be impeached by a 30-year-old felony conviction, even though he had his civil rights restored by the governor last year. That’s the ruling by a Fairfax County circuit judge in a case of apparent first impression under Virginia law.
Judge Jane Marum Roush held that the “removal [...]
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