Virginia Circuit Courts | Virginia Lawyers Weekly

Discovery Ordered for Wrongful Death Damages

By Deborah Elkins
Published: May 25, 2012
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Negligence, Virginia Circuit Courts

A Fairfax Circuit Court says defendants are entitled to discover the factual basis for plaintiff’s claim of lost income and the documentary evidence to support it, in this wrongful death suit.
Plaintiff alleges defendant convenience store owners were negligent in failing to notify police when an assailant who abducted a woman from a mall parking garage [...]

No Extradition on Deficient Documents

By Deborah Elkins
Published: May 25, 2012
Tags: Criminal, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

A Fairfax Circuit Court denies extradition of petitioner to Florida, as the extradition papers do not accurately state the status of the charges and the alleged offenses, and incorrectly assert that defendant fled Florida to avoid prosecution, when he was on probation and no proof has been offered that he could not leave the state.
In [...]

School Stock Fraud Case Advances

By Deborah Elkins
Published: May 25, 2012
Tags: Fairfax County Circuit Court, Judge Charles James Maxfield, Securities, Virginia Circuit Courts

An investor who thought his $200,000 payment to defendants was buying 40,000 shares in C2 Future stock that would allow expansion of an educational company into Korea, not “office expenses for existing schools,” can sue defendants for an alleged fraudulent scheme in violation of the Virginia Securities Act; the Fairfax Circuit Court denies defendants’ summary [...]

Law Firm Must Detail Guardian Services

By Deborah Elkins
Published: May 25, 2012
Tags: Fairfax County Circuit Court, Judge Leslie M. Alden, Virginia Circuit Courts, Wills & Trusts

On a report by the Commissioner of Accounts and review of these seven cases in which a law firm has served in multiple roles, including guardian, conservator and trustee, for incapacitated persons, the Fairfax Circuit Court orders the law firm to provide detailed descriptions of the services, who performed them and at what hourly rate, [...]

Improper Service in ‘Reopen Case’

By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

In this domestic relations “reopen case” in which father seeks to reduce support and complains he has been denied visitation, the Fairfax Circuit Court grants mother’s motion for reconsideration of an earlier support modification, as mother did not receive proper notice, and dismisses father’s Rule to Show Cause regarding mother’s alleged denial of visitation.
Essentially, Va. [...]

‘Scope of Employment’ May Cover Wreck

By Deborah Elkins
Published: May 25, 2012
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Negligence, Virginia Circuit Courts

The estate of an employee who died in an auto accident after being picked up by a coworker, and who sued the coworker and the employer, gets another chance to retry its case, as the Fairfax Circuit Court grants reconsideration and says the evidence clearly showed the coworker was acting within the scope of his [...]

Blind Tenant Can Sue Landlord

By Deborah Elkins
Published: May 16, 2012
Tags: Judge Melvin R. Hughes Jr., Landlord/Tenant, Richmond Circuit Court, Virginia Circuit Courts

In this case involving a tenant’s claims against her landlord, a management company, the landlord’s security company and another tenant for personal injuries plaintiff suffered when the other tenant’s vehicle allegedly struck plaintiff, who is blind, the Richmond Circuit Court says plaintiff’s only contract claim to survive demurrer is a contract claim against the landlord.
Plaintiff [...]

Motel Franchise Terminated Post-Lease

By Deborah Elkins
Published: May 16, 2012
Tags: Judge Melvin R. Hughes Jr., Real Estate, Richmond Circuit Court, Virginia Circuit Courts

Although plaintiff lessee has sued defendant lessor seeking rescission of a three-year commercial lease for operation of a motel, the Richmond Circuit Court construes the suit as a breach of contract action, as the lease was effectively canceled when the franchisor, Choice Hotels International, terminated the franchise.
Plaintiff filed suit against defendant seeking rescission of the [...]

Custody Arbitration Award Overturned

By Deborah Elkins
Published: May 16, 2012
Tags: Domestic Relations, Floyd County Circuit Court, Virginia Circuit Courts

A Floyd County overturns an arbitration award that required a mother to move from Richmond to a location within 40 miles of father in Floyd County or relinquish custody of
her child to father; under Virginia law, the court is not bound by the arbitrator’s decision but is entitled to exercise its statutory duties in determining [...]

Trustee Signature Enforceable for LLC Contract

By Deborah Elkins
Published: May 16, 2012
Tags: Contract, Judge Mary Jane Hall, Norfolk Circuit Court, Virginia Circuit Courts

Defendant, an antiques and collectible business, cannot avoid liability on this contract to purchase the assets of a liquidated LLC called “The Two Antique Dealers” by arguing the sale contract is not enforceable because plaintiff trustee in liquidation did not sign the contract in that capacity; the Norfolk Circuit Court overrules defendant’s plea in bar.
Defendants [...]

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