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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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