Judge R. Terrence Ney | Virginia Lawyers Weekly

Prohibitory Injunction Issued for Zoning Violation

By Deborah Elkins
Published: February 15, 2011
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts, Zoning

Although the Notice of Violation overstated the appeal period for the charged violations of having more than five unrelated persons in a single-family dwelling and letting rooms for a boarding house, the plain error did not render the Notice null and void, says a Fairfax Circuit Court, and the court grants partial summary judgment enjoining [...]

Civil Procedure – Personal Jurisdiction – Va. Long-Arm Statute

By Deborah Elkins
Published: December 30, 2010
Tags: Civil Procedure, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

A Virginia plaintiff won a default judgment in his suit against the two daughters of a woman who formerly lived with him, on his civil conspiracy claim alleging the daughters used some of the over $1 million the woman misappropriated from plaintiff’s bank account, but the Fairfax Circuit Court vacates the default judgment because the [...]

Negligence – Negligent Retention – Emotional Distress – Employee Sexual Assault

By Deborah Elkins
Published: November 5, 2010
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Negligence, Virginia Circuit Courts

A former employee of defendant Hanover Research Council who alleges he was sexually assaulted and battered by HRC’s founder/CEO can sue for negligent infliction of emotional distress; a Fairfax Circuit Court says the negligent infliction claim is not time-barred, as it relates back to the original complaint’s assertion of a claim for intentional infliction of [...]

Attorneys – Legal Malpractice – Contract Claim – Limitations

By Deborah Elkins
Published: November 5, 2010
Tags: Attorneys, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

Although a plaintiff’s original complaint alleged “Malpractice” against defendant lawyer, the complaint necessarily referred to a breach of contract action, since that is what legal malpractice is, and a Fairfax Circuit Court overrules defendant’s plea in bar which claims plaintiff changed her cause of action when she refiled after nonsuit to allege a claim for [...]

Contract – Limitation Of Liability – Engineering Firm – Site Plan

By Deborah Elkins
Published: October 5, 2010
Tags: Contract, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

An engineering firm that alleges defendant failed to pay for its services in construction of a tire recycling plant in Louisa County cannot limit its own liability to defendant, who has counterclaimed, alleging the engineering firm breached its contract by failing to develop a site plan that would place the plant within Dominion Virginia Power’s [...]

Paying the water bill: Case highlights disparities

By Alan Cooper
Published: September 10, 2010
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Judge Thomas D. Horne, Loudoun County Circuit Court, Municipal, Supreme Court of Virginia News

Water wars are being waged in Virginia localities, and the Supreme Court of Virginia is poised to dip a toe into the murky depths.
Residents of Virginia counties often pay more for water and sewer service than do the residents of towns and cities that provide the service.
It’s a big issue for cash-strapped local governments. In [...]

Civil Procedure – Discovery – Attorney-Client Privilege – HOA Documents

By Deborah Elkins
Published: August 27, 2010
Tags: Civil Procedure, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

In this dispute between condo owners and the owners’ association’s board of directors over designation of parking spaces, a Fairfax Circuit Court denies plaintiff owners’ motion to compel the directors to produce documents relating to any communications between the HOA, its board members, the HOA members, and management company, past and present, and any attorney [...]

Criminal – Expungement – Standard of Proof – Job Search

By Deborah Elkins
Published: May 18, 2010
Tags: Criminal, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

Although the standard of proof is a little murky, a man’s suspicion that he wasn’t being hired because he had been arrested – but acquitted – of attempted malicious wounding of an officer is not a “manifest injustice” that requires expungement of his arrest record, a Fairfax Circuit Court says.
Claimant seeks expungement of his arrest [...]

Civil Procedure – Final Order – Rule 1:1 – Condemnation Action

By Deborah Elkins
Published: May 18, 2010
Tags: Civil Procedure, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

In this follow-up to a condemnation action by the Commonwealth Transportation Commissioner, a Fairfax Circuit Court denies respondent landowner’s request for reimbursement of expert costs; although the “final order” entered in this case reserved respondent’s right to seek costs, the court did not reserve jurisdiction for additional proceedings, and it has no jurisdiction under Rule [...]

Criminal – Habeas – Ineffective Assistance – Competency

By Deborah Elkins
Published: May 18, 2010
Tags: Criminal, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

Although this habeas petitioner contends his lawyer should have requested a psychiatric examination because petitioner “constantly blabbered that he was a police officer” and his family thought he was acting strange, he has not presented any facts or evidence to support his claim that this or any other action by either of his trial lawyers [...]

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