Employee’s hug of visitor costs $1.2M

Sanctions of $272K upheld

By Peter Vieth
Published: January 19, 2012
Tags: Judge Jonathan C. Thacher, Justice Donald W. Lemons, Real Estate, Sanctions, Supreme Court of Virginia

The Supreme Court of Virginia has approved $272,096 in sanctions against a lawyer and his client in a case arising out of a Northern Virginia real estate listing contract. The solo lawyer stung by the decision said the size of the award threatens his legal career. The high court, in Northern Virginia Real Estate Inc. [...]

No Hearing On Officer Grievance

By Deborah Elkins
Published: January 17, 2012
Tags: Employment, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

A Fairfax Circuit Court denies an administrative hearing to a police officer who protests receiving a performance evaluation that rated him at the “Contributor” level for 2009-2010, which allegedly was lower than previous performance ratings. The Employment Dispute Resolution Board (EDR) denied petitioner’s request for a separate hearing to hear his grievance. Petitioner contends his [...]

Investor’s Claim under Securities Act Advances

By Deborah Elkins
Published: January 9, 2012
Tags: Corporate, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

An investor who thought his $200,000 payment to defendants was buying 40,000 shares in C2 Future stock that would allow expansion of an educational company into Korea, instead of “office expenses for existing schools,” can sue defendants for an alleged fraudulent scheme that violated the Virginia Securities Act, says a Fairfax Circuit Court. Defendants argue [...]

Doc defends failure to diagnose case on causation, but loses – $2,650,000 Verdict

By Virginia Lawyers Weekly
Published: December 12, 2011
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Medical Malpractice, Million-Dollar Verdicts

The plaintiff alleged that defendant radiologist missed a left breast abnormality on a screening mammogram performed on Sept. 15, 2008. The plaintiff further alleged that the defendant failed to order follow-up imaging studies and/or a referral to a surgeon for biopsy, which would have revealed the breast cancer in time for curative treatment. On Oct. [...]

Risk Manager Notes Protected by Privilege

By Deborah Elkins
Published: December 12, 2011
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Medical Malpractice, Virginia Circuit Courts

In this lawsuit against an anesthesiology group, a nonparty hospital risk manager who responded to contact from a lawyer engaged four days after a death, and who contacted outside counsel, investigated the incident and collected information to share with outside counsel, acted in anticipation of litigation, and a Fairfax Circuit Court says the risk manager’s [...]

Lender’s First-Refusal & Fraud Claims Advance

By Deborah Elkins
Published: September 12, 2011
Tags: Contract, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

A Fairfax Circuit Court says a plaintiff who made a loan to defendant corporation, in exchange for a promissory note and right of first refusal to purchase the company’s assets, can sue for fraudulent conveyance and intentional interference with his right of first refusal after defendant corporation effectively sold all its assets to another defendant. [...]

Foreclosure Challenge to MERS Fails

By Deborah Elkins
Published: August 29, 2011
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Real Estate, Virginia Circuit Courts

A Fairfax Circuit Court dismisses a borrower’s suit against Mortgage Electronic Registration Systems Inc. challenging foreclosure on her property. On Dec. 6, 2010, plaintiff Sandra Graves filed the instant action alleging 1) entitlement to a judgment declaring the foreclosure unlawful; 2) that MERS does not have authority to appoint a substitute trustee or effectuate a [...]

Court Has Jurisdiction Under ‘Conspiracy Theory’

By Deborah Elkins
Published: August 26, 2011
Tags: Employment, Fairfax Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

In a Virginia drug sales representative’s suit alleging defamation, conspiracy and breach of contract by supervisors at defendant pharmaceutical company, a Fairfax Circuit Court can exercise personal jurisdiction over the company’s regional sales manager in Pennsylvania under the Virginia long-arm statute, and jurisdiction over an HR manager and a training manager in Illinois, under a [...]

‘Bear hug’ of customer is within scope of employment – $1,200,000 Verdict

By Virginia Lawyers Weekly
Published: June 13, 2011
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Million-Dollar Verdicts, Personal Injury

The sole cause of action was for vicarious liability of Lowe’s for its employee’s negligence in the “friendly bear-hugging” of a repeat customer at Lowe’s. Plaintiff is a 59-year-old Vietnamese contractor who operates his own home-improvement company. At the time of the incident at the store in Chantilly, plaintiff had been to the store more [...]