Loudoun County Circuit Court « Virginia Lawyers Weekly

Association Can Collect for Litigation Costs

By Deborah Elkins
Published: January 30, 2012
Tags: Judge Thomas D. Horne, Loudoun County Circuit Court, Real Estate, Virginia Circuit Courts

Although defendant homeowners challenge plaintiff homeowners association’s right to collect dues assessment to support litigation by the association, the Loudoun County Circuit Court upholds action by the association board of directors that led to the assessments, and enters judgment for the association against the individual homeowners, except for the association’s request for 18 percent interest.
This [...]

No Fees for Conspiracy Defense Win

By Deborah Elkins
Published: January 30, 2012
Tags: Judge Thomas D. Horne, Loudoun County Circuit Court, Tort, Virginia Circuit Courts

Although counterclaim-defendants won on Diamond Information Systems’ counterclaims alleging misappropriation of trade secrets and business conspiracy, a Loudoun County Circuit Court says they are not entitled to attorney’s fees, nor are they entitled to $13,599 in transcript costs; the court awards only $414 in costs to the winning parties.
Plaintiffs Neeraj Bhagat and Peak State Group [...]

Noncompete Suit Goes Forward

By Deborah Elkins
Published: January 27, 2012
Tags: Employment, Judge Burke McCahill, Loudoun County Circuit Court, Virginia Circuit Courts

In this litigation over a noncompete clause, the Loudoun County Circuit Court declines to reconsider its decision overruling demurrers to two counts of plaintiff employer’s complaint, in light of the recent ruling in Home Paramount.
Defendants asked the court to reconsider its ruling with respect to two counts of plaintiff’s complaint in light of the recent [...]

Claim against ER doc in death case struck – Defense Verdict

By Virginia Lawyers Weekly
Published: November 28, 2011
Tags: Judge James H. Chamblin, Loudoun County Circuit Court, Medical Malpractice, Million-Dollar Defense Verdicts, Wrongful Death

This was a medical malpractice case involving emergency medical treatment provided to the plaintiff, at the Loudoun Hospital Center on Oct. 30, 2004. At the time of presentation, the ER physician defendant was told that the plaintiff had recently had an artificial insemination procedure. Originally this was the only information the family could [...]

ER doc prevails in claim over shock following dogbite – Defense Verdict

By Virginia Lawyers Weekly
Published: November 21, 2011
Tags: Judge Thomas D. Horne, Loudoun County Circuit Court, Medical Malpractice

This was a medical malpractice case involving emergency medical treatment provided to the plaintiff at the Loudoun Hospital Center by the defendant E.R. physician. Plaintiff presented on Dec. 25, 2004, at 5:40 a.m., for emergency medical treatment with complaints of achiness all over, low back pain, severe headaches, nausea and vomiting. She had [...]

Jury needed only 20 minutes to find for doc in med-mal case – Defense Verdict

By Virginia Lawyers Weekly
Published: October 24, 2011
Tags: Judge James H. Chamblin, Loudoun County Circuit Court, Medical Malpractice, Million-Dollar Defense Verdicts

Plaintiff’s wife underwent surgery to remedy blocked fallopian tubes and remove abdominal adhesions. Defendant physician recommended the surgery to improve the wife’s chances of success with IVF therapy. Another physician, who was not a party to the case, performed the surgery. After the surgery, plaintiff’s wife was discharged home. She then developed a bowel perforation [...]

Candidate Can Run from 87th District

By Deborah Elkins
Published: October 17, 2011
Tags: Civil Rights, Judge Thomas D. Horne, Loudoun County Circuit Court, Virginia Circuit Courts

Testimony from respondent and his former neighbors support his claim that he intended to move from his old house to a new house in South Riding, Va., when he changed his voter registration and driver’s license in April 2011, and although his wife still maintains a secure office at their old house, a Loudoun County [...]

HOA Wins Damages on Owner Violations

By Deborah Elkins
Published: October 17, 2011
Tags: Judge Thomas D. Horne, Loudoun County Circuit Court, Real Estate, Virginia Circuit Courts

Although the Loudoun County Circuit Court finds a homeowner, in building her home, committed multiple violations of the plan approved by the Architectural Review Board, the court will assess damages in favor of plaintiff homeowners’ association on the basis of “one overriding violation,” the failure to comply with the ARB-approved application.
Plaintiff alleges defendant failed [...]

With Issue Pending, Noncompete Survives Demurrer

By Deborah Elkins
Published: October 11, 2011
Tags: Contract, Judge Thomas D. Horne, Loudoun County Circuit Court, Virginia Circuit Courts

A Loudoun County Circuit Court overrules defendant’s demurrer and says a construction company may sue its former employee for allegedly breaching a noncompete agreement by soliciting business from a client and trying to hire a former coworker within 12 months of leaving employment with the construction company; defendant’s demurrer is overruled, in light of existing [...]

The Battle of Lee’s Crossing

By Peter Vieth
Published: October 5, 2011
Tags: Judge Thomas D. Horne, Loudoun County Circuit Court, Real Estate

A century and a half after the guns of the Civil War fell silent, a latter-day skirmish at a Loudoun County community known as Lee’s Crossing is being fought in both state and federal court.
The clash between some residents of the pastoral development and the couple that now governs its homeowners’ association has generated recent [...]

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