Judge Stanley P. Klein | Virginia Lawyers Weekly

Jury trial waiver forfeited in scheduling order

By Peter Vieth
Published: January 24, 2011
Tags: ADR, Fairfax Circuit Court, Judge Jan L. Brodie, Judge Leslie Alden, Judge Stanley P. Klein, Landlord/Tenant

Lawyers disillusioned with mandatory arbitration are writing jury waiver clauses into their commercial contracts. But the lawyer must be careful not to waive the client’s contractual right to a bench trial when the lawyer goes to court for a routine scheduling conference, as one Fairfax County lawyer discovered the hard way. The lawyer’s signature on [...]

Wills & Trusts – No-Contest Provision – Stepson Executors – Widow’s Lawsuits

By Deborah Elkins
Published: May 18, 2010
Tags: Fairfax County Circuit Court, Judge Stanley P. Klein, Virginia Circuit Courts, Wills & Trusts

A widow’s 12-count bill of complaint filed in 2002 and her 2004 motion for judgment alleging conversion and seeking $2.1 million from her husband’s estate, challenging what she called the “will from hell,” triggered the will’s no-contest provision, and a Fairfax Circuit Court says she is entitled to only $100 under the will, and the [...]

Domestic Relations – Unitary Child Support Award – Support ‘Continuation’ – Disabled Child

By Deborah Elkins
Published: February 1, 2010
Tags: Domestic Relations, Fairfax Circuit Court, Judge Stanley P. Klein

A mother who waited over six weeks after the high-school graduation of the youngest of three children covered by an undivided child support award did not forfeit her right to seek a continuation of support under Va. Code § 20-124.2(C) for the middle son who is disabled and continues to live with her, and a [...]

Traffic Offenses – DUI – Aggravated Involuntary Manslaughter

By Deborah Elkins
Published: February 1, 2010
Tags: Fairfax Circuit Court, Judge Stanley P. Klein, Traffic Offenses

Although a DUI defendant contends the commonwealth failed to comply with Va. Code § 18.2-268.2 by effecting his arrest within three hours of the alleged offense of DUI before requiring his submission to a blood test, a Fairfax Circuit Court finds the trooper was not required to venture into an operating room and touch defendant [...]

Domestic Relations – Marriage Affirmance Petition – No Marriage License

By Deborah Elkins
Published: December 21, 2009
Tags: Domestic Relations, Fairfax Circuit Court, Judge Stanley P. Klein

A Fairfax Circuit Court dismisses this couple’s petition to affirm their 2006 marriage, which occurred in a religious ceremony at Medhanialem Church in Virginia, because the couple never obtained a Virginia marriage license. For a marriage to be valid in the commonwealth, the Virginia Code requires that the marriage be under a license and properly [...]

Criminal – IFP Application – Halfway House Placement – Counsel Request

By Deborah Elkins
Published: December 21, 2009
Tags: Criminal, Fairfax Circuit Court, Judge Stanley P. Klein

A Virginia inmate eligible for discretionary parole in September 2010, who seeks “halfway house” placement and has assets of only $1.01, is granted in forma pauperis status but denied appointment of counsel by a Fairfax Circuit Court. The constitutional requirement that a defendant in a criminal prosecution be afforded the assistance of counsel does not [...]

Metastatic melanoma blamed on failure to obtain biopsy – $175,000 Verdict

By Virginia Lawyers Weekly
Published: December 14, 2009
Tags: Fairfax Circuit Court, Judge Stanley P. Klein, Medical Malpractice

Plaintiff, a 26-year veteran of the District of Columbia police force, saw defendant in 1999 for a new mole on his shoulder and again in 2004 and 2005 after the mole began to bleed. Defendant failed to biopsy the mole on any of these occasions and, as a result, the diagnosis of malignant melanoma was [...]

Real Estate – Homeowner Dues – Foreclosed Home

By Deborah Elkins
Published: December 14, 2009
Tags: Fairfax Circuit Court, Judge Stanley P. Klein, Real Estate

A Fairfax Circuit Court says a homeowners’ association wins its suit for dues on defendant’s former home, that he accrued after he petitioned for chapter 7 bankruptcy relief but before the home was sold by foreclosure at public auction, during which time he owned the home but neither rented it out nor lived in it. [...]

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