Owners’ fee award against HOA may prompt more suits

Plaintiff claims heart attack should have been diagnosed sooner – Defense Verdict

By Virginia Lawyers Weekly
Published: May 13, 2013
Tags: Fairfax County Circuit Court, Judge Lorraine Nordlund, Medical Malpractice

Plaintiff alleged that defendant cardiologist failed to timely diagnose and appropriately treat plaintiff’s myocardial infarction. Plaintiff was left with diminished ejection fraction of 30 percent, and required an implantable cardioverter-defribilator. Defendant denied all liability. After all of the arguments and evidence were presented, the jury returned a verdict in favor of the defendants after deliberations [...]

Forms over substance: Agency can’t retract payments by claiming paperwork errors

By Paul Fletcher
Published: November 26, 2012
Tags: Administrative, Fairfax County Circuit Court, Judge Lorraine Nordlund, Judge Mary Jane Hall, Norfolk Circuit Court

The Virginia Department of Medical Assistance Services has been rebuffed in two different cases in its efforts to get back money it paid for services rendered through Medicaid. In cases from Fairfax and Norfolk, DMAS sought to retract payments of more than $100,000 by claiming providers made errors in filling out agency forms. But two [...]

Woman claims lap pad was left behind during C-section – Defense Verdict

By Virginia Lawyers Weekly
Published: August 27, 2012
Tags: Fairfax County Circuit Court, Judge Lorraine Nordlund, Medical Malpractice

Plaintiff underwent a repeat cesarean section delivery on March 15, 2006. The delivery was complicated by a left uterine artery laceration. All documented sponge/ lap pad counts were correct. In July 2009, plaintiff developed abdominal pain that became so severe she presented to the emergency department on Aug. 15, 2009. Emergent exploratory laparotomy revealed massive [...]

Monday leads in bar nods for appeals court

By Paul Fletcher
Published: February 24, 2012
Tags: Bar Associations, Judge Josiah T. Showalter Jr., Judge Lorraine Nordlund, Judge Teresa M. Chafin, Judge Victor V. Ludwig, Judgeships, Virginia Court of Appeals News

Roanoke attorney Monica Taylor Monday is the leader in support from Virginia’s statewide bar groups for a seat on the Virginia Court of Appeals. Judge James J. Haley Jr. is retiring in March; leaders of the Senate and House of Delegates sought input from the bar groups on the pending vacancy. Eight statewide bar groups [...]

Waiver Valid with Parol Evidence

By Deborah Elkins
Published: February 7, 2012
Tags: Contract, Fairfax County Circuit Court, Judge Lorraine Nordlund, Virginia Circuit Courts

In this suit by an Indian businessman and his four businesses over commercial loans obtained from defendant bank, the Fairfax Circuit Court says the Waiver and Amendment Agreement plaintiff negotiated with the bank is valid and enforceable, and bars plaintiffs’ claim for breach of contract. This case arises out of a dispute between Mr. Krishnan [...]

Expungement OK After Charge Reduced

By Deborah Elkins
Published: January 17, 2012
Tags: Criminal, Fairfax County Circuit Court, Judge Lorraine Nordlund, Virginia Circuit Courts

A Fairfax Circuit Court grants a petition to expunge police and court records relating to petitioner’s 2001 arrest for sale and/or distribution of marijuana, which was nolle prossed, and a 2010 arrest for reckless driving, which was reduced to improper driving. Under Va. Code § 19.2-392.2(A), if a person is acquitted of a crime, if [...]

Driver could clean up record

By Deborah Elkins
Published: January 12, 2012
Tags: Fairfax County Circuit Court, Judge Lorraine Nordlund, Traffic Offenses

A defendant who pleaded guilty to a reduced traffic charge could have the more serious charge expunged from his record, a Fairfax Circuit Court has ruled. Virginia’s statute on expungement of records, Virginia Code § 19.2-392.2(A), prescribes certain rules. If a person is acquitted of a crime, if a nolle prosequi is taken, or if [...]

Nail Salon Lease is ‘Unconscionable’

By Deborah Elkins
Published: October 11, 2011
Tags: Fairfax County Circuit Court, Judge Lorraine Nordlund, Real Estate, Virginia Circuit Courts

A landlord on a commercial lease for a nail salon cannot enforce a guaranty signed by the lessee’s wife because the guaranty is unconscionable and unenforceable; a Fairfax Circuit Court says the guaranty effectively converts wife from a guarantor to a gratuitous surety with primary liability and little chance to defend against plaintiff realty company’s [...]

Owners Can Seek Attorney’s Fees Against HOA

By Deborah Elkins
Published: September 8, 2011
Tags: Judge Lorraine Nordlund, Real Estate, Virginia Circuit Courts

Owners may pursue a declaratory judgment action against their homeowners’ association for allegedly exceeding the legal debt cap, mismanaging capital reserves and arbitrarily denying the owners’ request to build a roof and deck, and the Fairfax Circuit Court says the owners may seek attorney’s fees if they are prevailing parties. Plaintiffs Samir and Maria Farran [...]