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Tag Archives: Judge Jonathan C. Thacher

No ‘Reckless’ Pleading for ‘Ordinary’ Accidents (access required)

A Fairfax Circuit Court dismisses claims in two unrelated automobile accident personal injury suits that allege “recklessness” without the necessary foundation. The court recognizes that alleging reckless conduct is sufficient to state a tort claim in Virginia. However, in Virginia, ...

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New Order Can’t Correct ‘Accidental’ Language (access required)

A homeowners association suing a noncompliant owner can’t get a second default judgment with an injunction, after the first order included, “by accident,” language stating the owner was in compliance; a Fairfax Circuit Court says the earlier order was final ...

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With No Interest In Debt, Bank Can’t Foreclose (access required)

Although the record is clear that defendant bank cannot enforce the missing note as a negotiable instrument due to its violation of Va. Code § 8.3A-309, this does not extinguish plaintiff’s debt or prohibit foreclosure; but the Fairfax Circuit Court ...

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Domestic Relations – Divorce – Spouse’s Dependent Visa (access required)

A Fairfax Circuit Court denies husband’s request for a divorce on the grounds of desertion or a one-year separation, based on his wife’s continued presence in India, because wife contends husband has refused to renew her H-4 Dependent Visa, and ...

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Attorneys – Sanctions – Expert Witness Opinion – Nonsuit (access required)

Although a Fairfax Circuit Court struck testimony by plaintiff’s expert about her alleged spinal fractures that resulted from a 2005 traffic accident, the court declines to award defendants over $16,000 in defense expert fees because plaintiff took her first nonsuit ...

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