A different kind of moving violation…

Bond Principal ‘Necessary Party’ for Bond Claim

By Deborah Elkins
Published: May 14, 2013
Tags: Contract, Fairfax County Circuit Court, Judge Michael F. Devine, Virginia Circuit Courts

Although plaintiff Johnson Controls Inc., who provided materials to defendant Norair Engineering for a construction project on which Norair was a subcontractor, named Norair as a defendant in plaintiff’s suit to enforce a mechanic’s lien, plaintiff failed to name Norair as a defendant in the specific count to enforce the substituted bond, and because Norair [...]

Man with sleep apnea died after shoulder surgery – Defense Verdict

By Virginia Lawyers Weekly
Published: February 18, 2013
Tags: Judge Michael F. Devine, Medical Malpractice, Million-Dollar Defense Verdicts, Wrongful Death

The plaintiff’s decedent was a 49-year-old married father of three adult children who underwent rotator cuff repair surgery at Mary Washington Hospital in March 2007. Dr. Eglevsky was the orthopedic surgeon who performed the surgery and Dr. Dorman was the anesthesiologist. Decedent’s past medical history was unremarkable, with the exception of a diagnosis of obstructive [...]

Defense denied plaintiff’s injuries were permanent – $702,050 Verdict

By Virginia Lawyers Weekly
Published: July 16, 2012
Tags: Fairfax County Circuit Court, Judge Michael F. Devine, Personal Injury

Defendant ran a stop sign and broadsided the plaintiff’ s vehicle. Both vehicles were totaled. Plaintiff, who struck his head on the driver’ s side window, alleged multiple injuries, including injuries to his neck and back, post concussive syndrome, post traumatic migraines and tinnitus/hearing loss. The defense accepted the injuries to the neck, back and [...]

Waiver Upheld Despite Language Issues

By Deborah Elkins
Published: April 2, 2012
Tags: Criminal, Fairfax County Circuit Court, Judge Michael F. Devine, Virginia Circuit Courts

Although this 44-year-old murder defendant claims he could not make a knowing, intelligent and voluntary waiver of his rights because of his intellectual disabilities and difficulties, as a speaker of Vietnamese, the Fairfax Circuit Court denies defendant’s motion to suppress his statements to police. All defendant’s interactions with police, from the moment he voluntarily entered [...]

Disabled Tenant Has Fair Housing Claims

By Deborah Elkins
Published: February 24, 2012
Tags: Civil Rights, Fairfax County Circuit Court, Judge Michael F. Devine, Virginia Circuit Courts

A tenant who could not climb the stairs to his apartment after he developed stage IV lung cancer can sue his landlord for violation of the Virginia Fair Housing Act for its refusal to allow his early termination of his lease due to his disability; the Fairfax Circuit Court overrules defendant landlord’s demurrer to the [...]

Jury finds for co-defendant in legal malpractice case – Defense Verdict

By Virginia Lawyers Weekly
Published: February 13, 2012
Tags: Fairfax County Circuit Court, Judge Michael F. Devine, Legal Malpractice

The plaintiff alleged that her attorneys breached the standard of care in handling her divorce and equitable distribution matter. Because of this alleged breach, she claimed she agreed to enter into a property settlement agreement that provided less than she would have received if her attorneys behaved in accordance with the care, skill and diligence [...]

Fairfax lawyer hit for fraud, legal malpractice

By Paul Fletcher
Published: October 31, 2011
Tags: Fairfax County Circuit Court, Fraud, Judge Michael F. Devine, Legal Malpractice

A Fairfax lawyer has been hit with a malpractice verdict in a claim brought by a divorce client who argued he convinced her to take an unfavorable settlement. And in the same case, her brother-in-law won a fraud verdict, including a punitives award, because the lawyer borrowed money to prosecute the case, then paid himself [...]

Attorney is tagged for malpractice, fraud – $524,975 Verdict

By Virginia Lawyers Weekly
Published: October 31, 2011
Tags: Fairfax County Circuit Court, Fraud, Judge Michael F. Devine, Legal Malpractice

Defendant represented plaintiff Whyard in her divorce. He never pursued pendente lite spousal support, failed to designate any experts, was deficient in his discovery efforts and took no depositions. He convinced Whyard to accept a settlement one business day before trial, which gave her less of the marital estate than she would have likely received [...]

Agency’s Mental Retardation Rule Overturned

By Deborah Elkins
Published: July 6, 2011
Tags: Administrative, Fairfax County Circuit Court, Judge Michael F. Devine, Virginia Circuit Courts

A Fairfax Circuit Court says defendant state agency’s denial of Medicaid coverage under the Mental Retardation/Intellectual Disability waiver for a 25-year-old mentally retarded man with an IQ of 54 is an “arbitrary and capricious interpretation” of the diagnostic criteria for this category of waiver. Through his parents, Jeffrey Pape applied for MR/ID waiver and was [...]