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 [...]
Criminal – Resentencing – Recusal – Death Penalty
By Deborah Elkins
Published: March 19, 2010
Tags: Criminal, Fairfax Circuit Court, Judge Randy I. Bellows, Virginia Circuit Courts
A Fairfax Circuit Court judge declines to recuse himself from a proceeding to resentence a capital defendant whose death sentence was reversed by the Supreme Court of Virginia. Defendant moved to recuse this judge, arguing that he had presided over all stages of defendant’s second trial, which resulted in a capital murder conviction and death [...]
Domestic Relations – Spousal Support – Part-Time Work – ‘Elective’ Breast Surgery
By Deborah Elkins
Published: February 1, 2010
Tags: Domestic Relations, Fairfax Circuit Court, Judge Randy I. Bellows
A husband’s complaint that wife should be working full-time after her “elective” bilateral mastectomy is rebuffed by a Fairfax Circuit Court’s opinion that wife’s surgery was “‘elective’ only in the sense that she ‘elected’ to stay alive,” and the court upholds husband’s $3,000 monthly spousal support payments. The court is issuing this letter opinion for [...]
Contract – Statute Of Repose – Soffit Replacement – ‘Improvement’
By Deborah Elkins
Published: February 1, 2010
Tags: Contract, Fairfax Circuit Court, Judge Randy I. Bellows
A repair project to replace soffit on building terraces was not an “improvement” under Virginia’s statute of repose, and a Fairfax Circuit Court in this first-impression case says the defendant contractor is not protected under Va. Code § 8.01-250. This case presents the following matter of first impression: Under Va. Code § 8.01-250 (statute of [...]
Banks & Banking – Stop Payment – Cashier’s Check – Affidavit Of Fraud
By Deborah Elkins
Published: February 1, 2010
Tags: Banks & Banking, Fairfax Circuit Court, Judge Randy I. Bellows
A Fairfax Circuit Court dismisses plaintiff businessman’s suit to collect damages under Va. Code § 8.3A-411 from defendant bank for issuing a stop payment order on plaintiff’s $35,000 cashier’s check drawn on plaintiff’s title company account because an affidavit of fraud presented to the bank by plaintiff’s business partner gave the bank a defense to [...]
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