Virginia Lawyers Weekly VA Lawyers Weekly

Where a child’s therapist, who is not a party to this divorce action, moved to quash a subpoena duces tecum of the child’s mental health care records, the motion is granted. The controlling statute allows a health care professional to ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

The circuit court’s disposition of funds placed into an escrow account by a bankruptcy court’s order is affirmed. Facts Thoburn was a general partner of Thoburn Limited Partnership, which owned property that was used to secure several loans. A $320,000 ...

Tagged with: Order Real Estate Supreme Court of Virginia

Whether welfare overpayments based on fraud meet the $200 statutory threshold for grand larceny is determined by calculating the difference between the benefits paid and the benefits that would have been paid absent any fraud. In this case, there was ...

Tagged with: Chief Justice Donald W. Lemons Criminal Supreme Court of Virginia

Defendants’ waiver in the parties’ contract to plead the statute of limitations was neither valid nor enforceable under Virginia law. Overview New South Federal Savings Bank made a construction loan to Foster and Wilson Building LLC. Foster and Robert Wilson ...

Tagged with: Contract Judge Teresa M. Chafin Supreme Court of Virginia

Where an agreement obligated a bar to indemnify the city of Richmond for claims arising from the employment of city police officers, the indemnity clause was not triggered when plaintiff sued an officer working at the bar as an individual ...

Tagged with: Contract Justice S. Bernard Goodwyn Order Supreme Court of Virginia

Where the debtor alleged a lender was violating Virginia’s usury and consumer finance laws, those were “constitutionally core” claims over which the bankruptcy court could retain jurisdiction. Referring those claims to arbitration would defeat the purpose of the Bankruptcy Code ...

Tagged with: Bankruptcy Judge David J. Novak U.S. District Court - Eastern District

Where a company did not show it was damaged by an employee who breached his employment contract by retaining company documents after his termination and was ordered to return them, the company recovered no monetary damages. Background Defendant Christopher Steinke ...

Tagged with: Employment Judge Claude M. Hilton U.S. District Court - Eastern District

Where a company sought coverage for alleged damages related to the seizure of a vessel by the Indian government which detained the guards and crew and charged them with importing weapons, no duty was owed by the insurer, as the ...

Tagged with: Insurance Judge T.S. Ellis III U.S. District Court - Eastern District

Where buyers agreed to an Indiana forum-selection clause when they purchased a new recreational vehicle, and the manufacturer was unable to repair several defects, they were granted a hearing to demonstrate that the clause should not be enforced because it ...

Tagged with: Contract Judge Robert E. Payne U.S. District Court - Eastern District

Although a woman argued her residual functional capacity, which limits her to “simple, routine, repetitive tasks,” conflicted with the vocational expert’s testimony about the category of tasks she is able to perform, there is no inconsistency between her  capacity and ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz