Judge R. Terrence Ney « Virginia Lawyers Weekly

Owners May Sue for Storm Drainage Damage

By Deborah Elkins
Published: September 12, 2011
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Real Estate, Virginia Circuit Courts

Although plaintiff landowners did not appeal the county’s denial of their claim for damages to their property allegedly arising from the county’s failure to maintain a storm drainage system, the statutes governing their initial claim are not their exclusive remedy, and the Fairfax Circuit Court says the owners may still pursue their claim for inverse [...]

IT contractor wins noncompete case

By Alan Cooper
Published: August 24, 2011
Tags: Contract, Fairfax Circuit Court, Judge R. Terrence Ney

A Fairfax judge has awarded $172,395 to an information technology company whose former subcontractor went to work for a competitor days after leaving the plaintiff company.
The plaintiff, Preferred Systems Solutions Inc., had a contract with the federal government for information technology work. PSS entered into a subcontract with GP Consulting LLC in October 2003 for [...]

IT Contractor Wins Non-Compete Damages from Sub

By Deborah Elkins
Published: August 23, 2011
Tags: Contract, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

A government IT contractor who hired defendant subcontractor to provide SAP/ERP consulting services wins $172,395.95 from the sub, who violated a non-compete that prevented him from working for either of two companies for 12 months after he left, in this Fairfax Circuit Court case.
The covenant-not-to-compete provision is very narrowly drawn. It prevented defendant GP [...]

Engineering Firm Collects Fees for Site Plan

By Deborah Elkins
Published: July 26, 2011
Tags: Contract, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

An engineering firm that did not have correct information and failed to site defendant’s Louisa County tire recycling plant in the service area for Dominion Virginia Power, can collect $18,160 in attorney’s fees after its successful mechanic’s lien action to collect unpaid contract fees; although the firm is eligible for attorney’s fees on its successful [...]

Bedbug bites back fraud and consumer claims

By Paul Fletcher
Published: July 7, 2011
Tags: Consumer Protection, Fairfax County Circuit Court, Fraud, Judge R. Terrence Ney

A Northern Virginia family moved into an apartment in Fairfax in 2009 that they claim was so infested with bedbugs that they had to move out just a few months later.
They just learned they can sue their landlord for the bites they suffered and other injuries.
In addition to a breach of contract lawsuit based [...]

Tenants Sue Landlord for Bedbug Infestation

By Deborah Elkins
Published: July 6, 2011
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Real Estate, Virginia Circuit Courts

Although a new Virginia Supreme Court pest-control case does not support a negligence claim against a landlord filed by tenants who say their apartment is infested with bedbugs, a Fairfax Circuit Court says the tenants have stated claims for fraud in the inducement, breach of contract and violation of the Virginia Consumer Protection Act.
Here, [...]

Confession Of Judgment With No Affidavit Set Aside

By Deborah Elkins
Published: June 2, 2011
Tags: Creditor's Rights, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

A Fairfax Circuit Court sets aside a confessed judgment against guarantors of a business loan by plaintiff bank, because an affidavit was not filed simultaneously with the confession of judgment, as explicitly required by the language of the guaranties.
The issue before the court is whether the failure by the creditor’s attorney-in-fact to follow the steps [...]

No defamation claim from draft legal complaint

By Deborah Elkins
Published: May 30, 2011
Tags: Defamation, Fairfax County Circuit Court, Federal Courts, Judge Charles E. Poston, Judge Liam O'Grady, Judge R. Terrence Ney, Norfolk Circuit Court

A lawyer who said he was defamed by a draft legal complaint that described him as “an unethical lawyer and a racist” cannot sue for defamation, says a Fairfax Circuit Court.
Claims made in a lawsuit generally are protected under the absolute privilege that attaches to judicial proceedings. But the law on when that protection starts [...]

Lawyer Has No Defamation Claim for Draft Complaint

By Deborah Elkins
Published: May 24, 2011
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Tort, Virginia Circuit Courts

A Fairfax Circuit Court says lawyers who sent prospective defendants an unfiled “draft complaint” for an employment discrimination claim, “for settlement purposes,” have an absolute privilege from a defamation claim filed by another lawyer named in the draft complaint and the actual complaint, which plaintiff lawyer alleges contained “false or misleading information” describing the plaintiff [...]

Lawyer beats pro se malpractice lawsuit

By Peter Vieth
Published: February 21, 2011
Tags: Fairfax County Circuit Court, Judge Brett A. Kassabian, Judge David Stanford Schell, Judge Dennis J. Smith, Judge Gerald Bruce Lee, Judge Jan L. Brodie, Judge R. Terrence Ney, Legal Malpractice

The slightly built woman stands, apparently alone, on a busy corner in bustling Tysons Corner, Virginia. In the video she posted on YouTube, she is dwarfed by the office buildings behind her and appears in danger of being blown over by the rush of traffic.
The woman carries a battery of signs – two sandwich-style [...]

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