No Interference with ‘Lawful’ Hunting

Fraud Claim Survives in Modular Home Suit

By Deborah Elkins
Published: May 14, 2013
Tags: Contract, Judge Thomas D. Horne, Loudoun County Circuit Court, Virginia Circuit Courts

A plaintiff who alleges shoddy craftsmanship, structural deficiencies and an absence of oversight in the installation of a modular home may pursue her fraud claim against a single defendant, but her other claims are barred by the economic loss rule, says a Loudoun County Circuit Court. Plaintiff alleges that on May 5, 2011, she entered [...]

Developer Wins Limited Declaratory Relief

By Deborah Elkins
Published: March 20, 2013
Tags: Judge Thomas D. Horne, Loudoun County Circuit Court, Real Estate, Virginia Circuit Courts

In this dispute over a developer’s alternative plans to provide water and sewer service to a proposed development after the localities changed plans to share that responsibility, a Loudoun County Circuit Court orders limited declaratory relief and holds that a determination of rights regarding whether the tract may be developed with an Alternative Onsite System [...]

Despite $500 jury award, judge gives consumer lawyer $8K in fees

By Peter Vieth
Published: March 12, 2013
Tags: Attorneys Fees, Consumer Protection, Judge Thomas D. Horne, Loudoun County Circuit Court

A Virginia consumer lawyer says a judge’s hefty fee award in an otherwise small-value used car case will encourage lawyers to stand up for consumers even when the stakes are small. Loudoun County Circuit Judge Thomas D. Horne awarded $8,000 to the car buyer’s attorney even though a jury decided the buyer was entitled to [...]

Dismissal Denied for Defamation Claims

By Deborah Elkins
Published: January 7, 2013
Tags: Judge Thomas D. Horne, Loudoun County Circuit Court, Tort, Virginia Circuit Courts

A Loudoun County Circuit Court denies a plea in bar filed by defendants to plaintiff’s defamation suit, based on plaintiff’s allegations that defendants arranged for photographs of plaintiff being arrested for embezzlement and for further dissemination of those photos, even though plaintiff, their former residential property manager, was acquitted of the alleged embezzlement. Plaintiff Deanne [...]

Contract case tests birth-injury coverage

By Peter Vieth
Published: November 28, 2012
Tags: Judge Burke McCahill, Judge Thomas D. Horne, Loudoun County Circuit Court, Medical Malpractice, Supreme Court of Virginia News

The Supreme Court of Virginia has agreed to consider whether a medical malpractice insurance policy covers a doctor’s failure to participate in the Virginia birth injury fund as promised to the mother. The coverage dispute arises out of an emotionally wrought case where the distraught mother confronted the doctor and his wife, threatening a violent [...]

Codicil Language Gives Widow Property

By Deborah Elkins
Published: November 20, 2012
Tags: Judge Thomas D. Horne, Rappahannock County Circuit Court, Virginia Circuit Courts, Wills & Trusts

A Rappahannock County Circuit Court grants a widow’s motion for partial summary judgment recognizing her right to all testator husband’s personal property and real estate “currently” in the testator’s name, interpreted as property owned at the time of the testator’s death. The relevant provisions of the Codicil paragraph 3 state the testator gives to his [...]

Parent Has Standing to Challenge Plan

By Deborah Elkins
Published: September 10, 2012
Tags: Judge Thomas D. Horne, Loudoun County Circuit Court, Municipal, Virginia Circuit Courts

A Loudoun County Circuit Court upholds defendant school board’s redistricting decision against a challenge by parents unhappy with the change required by the revised attendance zones. While the court acknowledges its awareness that petitioner has obtained a hardship exemption for his child for the coming school year and that his child will be remaining at [...]

School Board’s Redistricting Plan Upheld

By Deborah Elkins
Published: September 10, 2012
Tags: Judge Thomas D. Horne, Loudoun County Circuit Court, Municipal, Virginia Circuit Courts

Parents of elementary school students lose their challenge to respondent school board’s redistricting decision contending the board exceeded its authority, acted arbitrarily and abused its discretion in adopting new school attendance zones; the Loudoun County Circuit Court dismisses the parents’ petition. Petitioners contend the board inappropriately considered the effect of the proposed plans on the [...]

Company Can Add Defenses

By Deborah Elkins
Published: September 10, 2012
Tags: Civil Procedure, Judge Thomas D. Horne, Loudoun County Circuit Court, Virginia Circuit Courts

A Loudoun County Circuit Court will allow defendant to file an amended “other and further defenses” despite plaintiff’s complaint that it is prejudiced by the late filing in this litigation over the parties’ license agreement; the court previously has granted plaintiff the right to amend its ad damnum and plaintiff may request an extension of [...]