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Tag Archives: Judge Jonathan C. Thacher

Civil Procedure – Sanctions – ‘Vindictive’ Litigation (access required)

A Fairfax Circuit Court orders both a lawyer and his real estate broker client to pay $272,000 in attorneys’ fees and costs, finding they pursued “vindictive” litigation all the way to trial without any possible chance of success. Plaintiffs and ...

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Contract – Arbitration – Flooring Installation – Waiver (access required)

A flooring company that did not respond to customers’ fraud suit seeking a refund of payment for new flooring that allegedly buckled when dogs urinated on it, and allowed a default judgment, has waived its right to invoke the contract’s ...

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Sanctions: Lawyer, client ordered to pay other party’s fees (access required)

A Fairfax County circuit judge has ordered both a lawyer and his real estate broker client to pay $272,000 in attorneys’ fees and costs, finding they pursued “vindictive” litigation all the way to trial without any possible chance of success. ...

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Patient alleges failure to diagnose compartment syndrome – Defense Verdict (access required)

On Dec. 4, 2006, plaintiff underwent a prostatectomy in the supine position. Following the prostatectomy, plaintiff developed right leg pain and plaintiff’s urologist asked the defendant vascular surgeon to consult. Defendant examined plaintiff on Dec. 6 and noted that plaintiff ...

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Real Estate – Unlawful Detainer Appeal – Quiet Title Action (access required)

In defendants’ appeal of a bank’s successful unlawful detainer action in general district court, a Fairfax Circuit Court says defendants may introduce evidence of title only as it relates to who has the superior right of possession, but it cannot ...

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Real Estate – Commercial Lease – Guaranty (access required)

A Fairfax Circuit Court sustains, with leave to amend a guarantor’s demurrer to plaintiff lessor’s complaint seeking damages from the assignor tenant and defendant guarantor, after default by the assignee tenant. The guaranty here clearly states that defendant Ray Park ...

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Domestic Relations – Adultery – Sanctions Under Va. Statute (access required)

A lawyer’s recitation of husband’s e-mail and internet traffic using a private account and visiting adult web sites does not support his claim that husband has committed adultery, and a Fairfax Circuit Court orders sanctions of $2,638 in attorney’s fees ...

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Employment – Noncompete – Auto Body Repair – Liquidated Damages (access required)

A former employee, shareholder and corporate officer for an automotive dealership violated his employment agreement’s noncompete by forming a competing business and soliciting a coworker while still employed by the dealership, and he must pay damages for breach of fiduciary ...

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Domestic Relations – Equitable Distribution – Life Insurance Policies – Spousal Support  (access required)

A Fairfax Circuit Court denies wife’s request for equitable distribution of two life insurance policies purchased by husband in the early ‘70s, worth about $30,000 together, as she has not shown the policies are even partially marital property; the court ...

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