IT contractor wins noncompete case

Objections to Condemnation Petition Fail

By Deborah Elkins
Published: May 3, 2013
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Real Estate, Virginia Circuit Courts

A Fairfax Circuit Court denies VDOT’s motion to strike a property owner’s objections to VDOT’s petition in condemnation for a partial taking of a parcel in Chantilly for the widening of Route 50. The owner of the property, Dulles Properties, objects to the amount of compensation offered by the Virginia Department of Transportation, in that [...]

Refusal Right Not Triggered by Transfer

By Deborah Elkins
Published: May 3, 2013
Tags: Fairfax Circuit Court, Judge R. Terrence Ney, Real Estate, Virginia Circuit Courts

A restaurant tenant cannot claim its Right of First Refusal has been breached by a transfer of the property from a living trust that took the property upon the owner’s death, to her son, who was the trustee and sole beneficiary of the trust; the Fairfax Circuit Court says the Right of First Refusal was [...]

Guarantors’ Dec Action Against Bank Time-Barred

By Deborah Elkins
Published: May 3, 2013
Tags: Creditor's Rights, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

A hotel company and three guarantors on loans for three parcels in Fredericksburg waited too long to bring their fraud claims based on loan documents including a swap agreement that let plaintiffs exchange a variable interest rate for a fixed interest rate; even if the claims were not time-barred, they have no merit, says the [...]

No P.I. Claim for Employee’s Estate

By Deborah Elkins
Published: October 4, 2012
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts, Workers' Comp

A Fairfax Circuit Court dismisses a personal injury suit filed by the estate of an employee who died in a car accident with his coworker, against the coworker and the employer, in light of the recent Supreme Court decision in Giordano v. McBar Indus. Inc., which held that the Workers’ Compensation Commission is the exclusive [...]

Krispy Kreme Has Timely Contract Claim

By Deborah Elkins
Published: October 4, 2012
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Real Estate, Virginia Circuit Courts

Krispy Kreme Doughnuts timely filed its counterclaim against the lessor of its storage and preparation center in Lorton alleging the lessor breached the lease when Krispy Kreme was forced to pay a monthly “pump and haul” fee to the county for its wastewater that formerly was handled by a Collection Facility the lessor conveyed to [...]

Va. Taxpayer Fraud Claim Dismissed

By Deborah Elkins
Published: June 11, 2012
Tags: Contract, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

In this suit by the commonwealth against defendant bank on behalf of various public employees’ pension funds, the complaint does not state a claim under the Virginia Fraud Against Taxpayers Act because there is no link between alleged false accounting records and any particular false or fraudulent claim; a Fairfax Circuit Court says its two [...]

No Extradition on Deficient Documents

By Deborah Elkins
Published: May 25, 2012
Tags: Criminal, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

A Fairfax Circuit Court denies extradition of petitioner to Florida, as the extradition papers do not accurately state the status of the charges and the alleged offenses, and incorrectly assert that defendant fled Florida to avoid prosecution, when he was on probation and no proof has been offered that he could not leave the state. [...]

‘Scope of Employment’ May Cover Wreck

By Deborah Elkins
Published: May 25, 2012
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Negligence, Virginia Circuit Courts

The estate of an employee who died in an auto accident after being picked up by a coworker, and who sued the coworker and the employer, gets another chance to retry its case, as the Fairfax Circuit Court grants reconsideration and says the evidence clearly showed the coworker was acting within the scope of his [...]

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 [...]