Fair Debt Act won’t back claim

Claim Time-Barred for ‘Necessary Party’

By Deborah Elkins
Published: November 5, 2012
Tags: Contract, Judge Burke McCahill, Loudoun County Circuit Court, Virginia Circuit Courts

A subcontractor who sued the general contractor for failure to pay and the surety on the general contractor’s bond should name the general contractor as a necessary party to the suit on the bond, but the surety’s demurrer is sustained because the sub is time-barred from amending its complaint to add the general contractor as [...]

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 [...]

No Interference with ‘Lawful’ Hunting

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

A Loudoun County Circuit Court dismisses a charge under Va. Code § 29.1-521.1 of interfering with lawful hunting against a man who discharged a gun on his own property adjacent to land where four hunters were hunting birds or other game, as several of the hunters did not have written permission to be on the [...]

Subpoena to Detention Center Quashed

By Deborah Elkins
Published: August 17, 2012
Tags: Criminal, Judge Thomas D. Horne, Loudoun County Circuit Court, Virginia Circuit Courts

A Loudoun County Circuit Court grants a motion to quash a subpoena duces tecum seeking inmate records from the custodian at the Loudoun County Adult Detention Center; the detention center, as an agent of the commonwealth, is a party to this case. Defendant contends employees of the commonwealth do not automatically qualify as agents of [...]

Sub’s Lien for Site Work Not Enforced

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

A Loudoun County Circuit Court will not enforce a mechanic’s lien filed by a subcontractor seeking payment for site work and infrastructure improvements on a three-lot subdivision on lands owned by defendant Sycolin Center, after the general contractor filed for bankruptcy. Plaintiff’s Disclosure Statement pursuant to Va. Code § 43-3B claimed a total cost of [...]

Reconsideration OK for Review Committee

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

A local Historic District Review Committee’s rule allowing reconsideration of an application for approval of a design to build a house in the Village of Waterford, Va., was properly adopted, and the Loudoun County Circuit Court dismisses the applicant’s action for declaratory judgment and mandamus, but will allow her to amend her complaint to pursue [...]

Economic Loss Rule Bars Tort Claims

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

In a pharmaceutical company’s suit against another drug manufacturer, plaintiff’s claims for breach of fiduciary duty, negligence and negligent supervision in defendant company’s development of a drug in its California lab for FDA approval and large-scale manufacture, a Loudoun Circuit Court says defendant’s duties to plaintiff derive from their contract and the tort claims are [...]