Judge Randy I. Bellows | Virginia Lawyers Weekly

No Coverage for Basement Water Damage from Clogged Drain

By Deborah Elkins
Published: June 21, 2011
Tags: Fairfax County Circuit Court, Insurance, Judge Randy I. Bellows, Virginia Circuit Courts

In light of plaintiff homeowners’ stipulation that surface water gathered in a well with a clogged drain but could not enter the drain and instead flowed into the homeowners’ basement, a Fairfax Circuit Court says damage to the home is not covered by the Water Damage Endorsement of plaintiffs’ homeowners policy, which does not cover [...]

‘Ineffective Assistance’ Claim Exists for Pre-Padilla Plea

By Deborah Elkins
Published: June 2, 2011
Tags: Fairfax County Circuit Court, Immigration, Judge Randy I. Bellows, Virginia Circuit Courts

A habeas petitioner gets an evidentiary hearing on his Strickland claim based on his assertion that he would not have pleaded guilty to misdemeanor drug possession had his lawyer not advised him the conviction would not affect his legal immigration status; a Fairfax Circuit Court says that even before Padilla, a Virginia lawyer who affirmatively [...]

Attorneys – Motion To Disqualify – Conflict Of Interest – Divorce Fees

By Deborah Elkins
Published: November 19, 2010
Tags: Attorneys, Fairfax County Circuit Court, Judge Randy I. Bellows, Virginia Circuit Courts

In this suit by a divorce client alleging malpractice by her lawyer, a Fairfax Circuit Court denies the defendant lawyer’s motion to disqualify the client’s lawyer from representing both the client in the malpractice action, and her brother-in-law who paid her legal fees and is suing defendant lawyer for fraudulently claiming he needed the money [...]

Fairfax prosecutor, defense lawyer offer view of murder case, midtrial

By Alan Cooper
Published: October 12, 2010
Tags: Bar Associations, Criminal, Judge Randy I. Bellows, Practice Tips

IRVINGTON–When Fairfax Commonwealth’s Attorney Ray Morrogh and criminal defense lawyer Peter Greenspun sat at a table before members of the Fairfax Bar Association, some may have wondered whether moderator Doug Kay could keep the two from tangling. The prosecutor and the defense lawyer took a break from their third multi-week capital murder trial of Salvadoran [...]

Municipal – Rental Inspection Districts – Landlords’ Challenge

By Deborah Elkins
Published: August 31, 2010
Tags: Fairfax County Circuit Court, Judge Randy I. Bellows, Municipal, Virginia Circuit Courts

A Fairfax Circuit Court rejects plaintiff landlords’ challenge to a local ordinance that created two rental inspection districts that encompassed all of Fairfax City, and holds that the ordinance was within the express power granted under the enabling statute and the court has no authority to look behind the city council’s factual findings in support [...]

Departing worker took docs, didn’t breach duty

By Paul Fletcher
Published: August 30, 2010
Tags: Employment, Fairfax Circuit Court, Judge Randy I. Bellows

Always try to get a noncompete and a nonsolicitation agreement from employees. That’s the take-away for small businesses in the wake of a recently dismissed business tort lawsuit in Fairfax Circuit Court. The case featured two small woman-owned businesses that were competing for government contracts. It had a mother who retired from the first business [...]

Employment – Loyalty Duty – Sales Contacts – Trade Secrets

By Deborah Elkins
Published: August 27, 2010
Tags: Employment, Fairfax County Circuit Court, Judge Randy I. Bellows, Virginia Circuit Courts

A Fairfax Circuit Court says a medical equipment salesman who inadvertently took a contacts list and a vendors list as he copied his personal files onto a flash drive before starting a job with a competitor did not breach a fiduciary duty of loyalty or misappropriate trade secrets. Defendant Brian Thomas worked for a woman-owned [...]

Defective brakes blamed in crash at intersection – $388,000 Verdict

By Virginia Lawyers Weekly
Published: August 23, 2010
Tags: Fairfax County Circuit Court, Judge Randy I. Bellows, Personal Injury

The driver of the defendant’s tanker truck drove through a red light and struck the plaintiff’s vehicle. The brakes on the third axle were inoperable and one front brake was out of adjustment. Evidence showed that the defendant did not properly maintain its vehicles and knew the brakes were bad before putting the tanker on [...]

Zoning – Bed & Breakfast – Injunction – No Appeal

By Deborah Elkins
Published: July 6, 2010
Tags: Fairfax County Circuit Court, Judge Randy I. Bellows, Virginia Circuit Courts, Zoning

A county zoning administrator may request an injunction against a couple cited for operating a bed-and-breakfast in violation of county zoning ordinances; a Fairfax Circuit Court says although the couple thought they had resolved the issue through discussions with the zoning inspector, they did not appeal the 2008 notice and the county is entitled to [...]

Attorneys – Sanctions – Improper Purpose

By Deborah Elkins
Published: May 18, 2010
Tags: Attorneys, Fairfax County Circuit Court, Judge Randy I. Bellows, Virginia Circuit Courts

A Fairfax Circuit Court says it can impose sanctions on both plaintiff and his counsel, even after plaintiff wins the relief he requested when he filed suit against defendant bank. Earlier, the court dismissed plaintiff businessman’s suit to collect damages under Va. Code § 8.3A-411 from defendant bank for issuing a stop payment order on [...]

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