Quantcast
Home (page 4)

Tag Archives: Judge Jonathan C. Thacher

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

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 ...

Read More »

Risk Manager Notes Protected by Privilege (access required)

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 ...

Read More »

Lender’s First-Refusal & Fraud Claims Advance (access required)

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 ...

Read More »

Foreclosure Challenge to MERS Fails (access required)

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; ...

Read More »

Court Has Jurisdiction Under ‘Conspiracy Theory’ (access required)

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 ...

Read More »

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

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 ...

Read More »

‘Harsh Result,’ But Refiled Personal Injury Suit Dismissed (access required)

In this personal injury litigation after a 2005 auto accident, with multiple complaints filed by plaintiff passenger and the intervening death of defendant driver, a Fairfax Circuit Court says plaintiff’s complaint filed in 2010 is time-barred. On Oct. 23, 2005, ...

Read More »

Husband Proves Cohabitation, Ends Support (access required)

Testimony about wife’s living arrangements with a man were not credible, a Fairfax Circuit Court says, and husband can stop spousal support because he proved her cohabitation under the parties’ PSA; however, granting husband attorney’s fees would only prejudice the ...

Read More »

No Deferral to ‘Treating Physician’ in VRS Disability (access required)

A school office assistant loses her appeal of the Virginia Retirement System’s denial of a disability pension for her claims of headaches and cognitive defects from fibromuscular dysplasia; a Fairfax Circuit Court says a VRS disability determination does not require ...

Read More »