Default Set Aside, Garnishment Released 
By Deborah Elkins
Published: April 13, 2011
Tags: Civil Procedure, Fairfax County Circuit Court, Judge Robert J. Smith, Virginia Circuit Courts
Plaintiff’s service of process on an address defendant has not used to conduct business in over 16 years does not demonstrate sufficient effort to provide notice to defendant, and a Fairfax Circuit Court sets aside the default judgment and garnishment order against defendant. The parties do not dispute that defendant DanSources Technical Services Inc., a [...]
No Discovery After In-State Tuition Ruling
By Deborah Elkins
Published: March 29, 2011
Tags: Administrative, Fairfax County Circuit Court, Judge Robert J. Smith, Virginia Circuit Courts
A student who moved from Florida to Virginia and seeks to appeal denial of her request for in-state tuition at George Mason University is not entitled to discovery in this case from Fairfax Circuit Court. The student argues that because this appeal is not an administrative appeal pursuant to S.Ct. Rule 2A, the discovery limitations [...]
‘Public Duty’ Doctrine Does Not Cover Firefighters
By Deborah Elkins
Published: February 15, 2011
Tags: Fairfax County Circuit Court, Judge Robert J. Smith, Negligence, Virginia Circuit Courts
A Fairfax Circuit Court says the “public duty” doctrine does not extend to firefighters, to immunize them from a gross negligence lawsuit filed by the sons of a woman who died in a fire after calling firefighters to tell them she was in the third-floor bathroom of her burning townhouse. The public duty doctrine provides [...]
Municipal – Animal Care – Adoption – Injunction
By Deborah Elkins
Published: December 30, 2010
Tags: Fairfax County Circuit Court, Judge Robert J. Smith, Municipal, Virginia Circuit Courts
A woman whose 17 dogs and one horse were removed from her care on a charge of mistreatment and abandonment cannot obtain an injunction against the county to prevent the adoption of some of the animals, says the Fairfax Circuit Court. The county argues the district court entered a final order on Jan. 3, 2005, [...]
Contract – Mechanic’s Lien – Perfection
By Deborah Elkins
Published: October 5, 2010
Tags: Contract, Fairfax County Circuit Court, Judge Robert J. Smith, Virginia Circuit Courts
Where one tenant of a joint tenancy with right of survivorship filed for bankruptcy, that bankruptcy filing did not sever the joint tenancy, a Fairfax Circuit Court says, and the bankruptcy stay extinguished a contractor’s mechanic’s lien as to both co-defendant joint tenant, since the contractor did not refile within 30 days after the bankruptcy [...]
Oral contract alleged for wireless retail franchise – $161,636 Verdict
By Virginia Lawyers Weekly
Published: September 6, 2010
Tags: Contract, Fairfax County Circuit Court, Judge Robert J. Smith
The plaintiff, Won Min Cho, claimed that an oral agreement was reached with defendant Tom S. Ro on April 13, 2009, governing the ownership and operation of the business that was to become Unlimited Skytalk Va. Inc., a Cricket wireless retail business that operates nine stores in Northern Virginia. The defendants in the matter, Tom [...]
Domestic Relations – Child Support – Garnishment – UIFSA
By Deborah Elkins
Published: July 16, 2010
Tags: Domestic Relations, Fairfax County Circuit Court, Judge Robert J. Smith, Virginia Circuit Courts
Although a Puerto Rican court had personal jurisdiction over defendant after he made a personal appearance, defendant wife has failed to satisfy the requirements of UIFSA Section 611, and the resulting income withholding order against plaintiff father should be dismissed, says a Fairfax Circuit Court. Plaintiff argues that for the duration of proceedings in question [...]
Traffic Offenses – DUI – Implied Consent Law – Test Refusal
By Deborah Elkins
Published: July 6, 2010
Tags: Fairfax County Circuit Court, Judge Robert J. Smith, Traffic Offenses, Virginia Circuit Courts
A Fairfax Circuit Court rejects defendant’s claim that the implied consent statute, Va. Code § 18.2-268.3, is unconstitutionally vague, and denies his motion to dismiss the charge of refusal to submit to an intoxication test. Defendant argues that Code § 18.2-258.3 fails to establish an “immutable standard” of guilt, and the statute provides a court [...]
Contract – Arbitration – Superseding Agreement – Calif. Law
By Deborah Elkins
Published: March 19, 2010
Tags: Contract, Fairfax Circuit Court, Judge Robert J. Smith, Virginia Circuit Courts
A private equity fund manager’s breach of contract suit on compensation issues is stayed pending arbitration, a Fairfax Circuit Court says, despite the fund manager’s claim that two operating agreements superseded his original employment letter agreement that contained the provision in which the parties agreed to “resolve all disputes arising out of and related to” [...]
Negligence – Slip & Fall – Sovereign Immunity
By Deborah Elkins
Published: March 19, 2010
Tags: Fairfax Circuit Court, Judge Robert J. Smith, Negligence, Virginia Circuit Courts
A Fairfax Circuit Court sustains the commonwealth’s plea of sovereign immunity to a plaintiff’s suit alleging she was walking on a sidewalk and tripped over a metal signpost base and fractured both wrists and suffered abrasions to her head, shoulder, elbow and hip. The alleged negligence in this case stems from the alleged failure to [...]
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