Virginia Circuit Courts « Virginia Lawyers Weekly

Waiver Valid with Parol Evidence

By Deborah Elkins
Published: February 7, 2012
Tags: Contract, Fairfax County Circuit Court, Judge Lorraine Nordlund, Virginia Circuit Courts

In this suit by an Indian businessman and his four businesses over commercial loans obtained from defendant bank, the Fairfax Circuit Court says the Waiver and Amendment Agreement plaintiff negotiated with the bank is valid and enforceable, and bars plaintiffs’ claim for breach of contract.
This case arises out of a dispute between Mr. Krishnan Suthanthiran [...]

Defamation Claim for Inspection Comment

By Deborah Elkins
Published: February 7, 2012
Tags: Judge Timothy K. Sanner, Louisa County Circuit Court, Tort, Virginia Circuit Courts

Taken in context, defendant’s alleged statement that he relied on plaintiff’s “description of a wall’s construction” when he prepared a letter about inspection of a retaining wall can be viewed as defamatory, and the Louisa County Circuit Court overrules defendant’s demurrer to plaintiff’s defamation claim.
There is no disagreement about the legal standard that must be [...]

Student Sues for School Mold Exposure

By Deborah Elkins
Published: February 7, 2012
Tags: Judge Rodham T. Delk Jr., Negligence, Suffolk Circuit Court, Virginia Circuit Courts

A plaintiff who alleges injuries from exposure to toxic mold at his school when he entered kindergarten in 2007 may sue the school board and the school system’s two officials responsible for facilities and maintenance for fraud and gross negligence, but the Suffolk Circuit Court sustains defendants’ plea of sovereign immunity to plaintiff’s claims for [...]

Patent Lawyer Suspended for No License

By Deborah Elkins
Published: February 7, 2012
Tags: Attorneys, Judge Margaret P. Spencer, Virginia Circuit Courts, Williamsburg/James City County Circuit Court

A patent lawyer who was licensed in Louisiana but represented she had a Virginia law license and practiced law in Virginia without a license is suspended by a three-judge panel sitting in the Circuit Court for James City County/City of Williamsburg for two years, with terms.
Pursuant to S.Ct. Rule Part 6, Section IV, Paragraph 13-6.H, [...]

Lis Pendens Was Not Slander of Title

By Deborah Elkins
Published: February 6, 2012
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Real Estate, Virginia Circuit Courts

In this real estate dispute over the parties’ 2007 agreement granting an easement to construct a roadway and later sale of plaintiff’s property, a Fairfax Circuit Court dismisses plaintiff’s claims for slander of title, intentional interference with contract and abuse of process arising from defendant filing a lis pendens against plaintiff’s property.
Plaintiffs Benjamin Smith Jr. [...]

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 Credit for Post-Separation House Payments

By Deborah Elkins
Published: January 30, 2012
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts

A Salem Circuit Court says husband is not entitled to credit for making post-separation mortgage payments on the marital home occupied by wife, because the parties agreed he would continue such payments in lieu of a pendente lite hearing for determination of temporary spousal support and debt payments; also, the court declines to credit against [...]

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 [...]

Debtor Has Post-Petition P.I. Claim

By Deborah Elkins
Published: January 30, 2012
Tags: Bankruptcy, Judge Mary Jane Hall, Richmond Circuit Court, Virginia Circuit Courts

A debtor’s claims for personal injury that accrued as of the date of his chapter 7 bankruptcy petition belong to the bankruptcy estate and the Richmond Circuit Court dismisses those claims as filed by debtor; but his claim for malicious prosecutions accrued post-petition, after criminal charges were resolved in his favor, and the court declines [...]

No Maryland Damage Cap in Virginia Case

By Deborah Elkins
Published: January 30, 2012
Tags: Judge Craig D. Johnston, Negligence, Prince William County Circuit Court, Virginia Circuit Courts

In this auto-accident case, a Prince William County Circuit Court declines to apply the Maryland cap on non-economic damages because the court finds the cap does not affect substantive rights in a wrongful death, but merely affects the remedy; but the court recognizes there is a split of authority on this point in Virginia circuit [...]

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