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Inadequate courtroom prompts venue change
Where two defendants in this four co-defendant jury trial have moved to change venue from Fauquier County, the motions are granted because the existing courtrooms in Fauquier County cannot adequately handle the logistics of conducting the trial. Introduction Four defendants are being jointly tried for first-degree murder, armed burglary, conspiracy and a firearm violation. Two […]
Some claims viable in moldy house case
Where plaintiff alleges defendants concealed a mold infestation in the house plaintiff bought from them, an “as is” clause in the sales contract does not insulate defendants from a claim of actual fraud in the inducement. The complaint Plaintiff alleges that defendants covered up mold in four locations using paint, drawer lining, drywall patches and […]
No injunction to ensure compliance with SCV ruling
Where defendant homeowners ultimately prevailed in the Virginia Supreme Court against plaintiff homeowners association’s enforcement of a holiday lighting policy, defendants are not entitled to an injunction to ensure defendant’s compliance with the ruling. Background In a previous phase of this case, the Belmont Glen Homeowners Association (HOA) sued Sanjay and Sonia Sainani (homeowners) to [[...]
Emancipation immaterial to changing pendente lite order
Where husband seeks to modify a pendente lite order concerning his child support obligation, the fact that the children are now emancipated does not bar modification. A pendente lite order may be modified at any time while the divorce action is pending. Overview When wife filed for divorce in November 2015, the parties had two […]
Ferry operator breached licensing agreement
Where defendant ferry service breached a license agreement by relocating a retaining wall without the required permission from plaintiff landowner, the court awards damages and enjoins defendant’s further use of the property. However, plaintiffs’ unjust enrichment claim fails because they have not established “with reasonable certainty” the value of the benefit defendant obtained by its [&[...]
Demurrers sustained in real estate contract case
Defendant’s demurrer to plaintiff’s suit for specific performance of a contract involving real estate is sustained. The contract cannot be read as giving plaintiff the right to buy the property at any time. Plaintiff’s other claims against defendant are either not ripe or are based on inapplicable statutes. Overview Plaintiff Davis seeks specific performance and […]
JDR court’s dismissal on merits was final order
The circuit court has jurisdiction over this matter concerning a minor child because the JDR’s dismissal on the merits was a final order, thus permitting the circuit court to assume jurisdiction. Final order Initially, the court must decide whether this case was ended in the JDR court “by way of a nonsuit taken by the […]
Demurrer not proper to allege missing party
Where defendant demurred to plaintiff’s contract claim on the basis that plaintiff did not name a necessary party, the demurrer is overruled. A demurrer tests the legal sufficiency of factual claims. A motion for joinder is the “proper” vehicle to add a necessary party. Overview Defendant and his now ex-wife contracted with plaintiff, Loudoun Country […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
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