Despite the defendant’s previous waiver of a preliminary hearing related to drug charges against him, he was not entitled to enforcement of an alleged oral plea agreement with a new prosecutor in his case. Background Defendant Sophann Mao was arrested ...

Tagged with: Contract Criminal Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Genuine disputes of material fact precluded summary judgment as to whether an insurance company improperly denied coverage for property damage after vandals cut a water line in a hotel undergoing renovations. The insurer claimed that the hotel owners had misrepresented ...

Tagged with: Contract Insurance Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

A written agreement between a corporation and the government preserved the company’s attorney-client privilege and work-product protection for information that the general counsel of a subsidiary entity disclosed to the government. Background Several years ago, federal prosecutors opened a grand ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Contract Criminal Evidence Judge Roger L. Gregory

Despite a support order entered in 2004, a husband didn’t owe arrearages dating to 2006. He’d stopped paying when the couple reconciled, resumed living together as husband and wife, and had two more children supported solely by the husband’s income. ...

Tagged with: Contract Domestic Relations Fairfax County Circuit Court Family Law Judge David Bernhard Virginia Circuit Courts

The material terms of the parties’ contract for services were committed to writing in daily sales tickets and an invoice for hours of services performed. Absent additional conditions agreed upon by the parties, an unsigned writing can be a written ...

Tagged with: Business Law Civil Procedure Construction Contract Fairfax County Circuit Court Judge Bruce D. White Virginia Circuit Courts

A wife was entitled to enforce a marital agreement’s division of assets in the event of divorce. The evidence did not support her husband’s claim that she fraudulently induced him to sign the agreement by misrepresenting her intention to continue ...

Tagged with: Contract Domestic Relations Family Law Judge Michelle J. Atkins Norfolk Circuit Court Virginia Circuit Courts

The owner of one unit in a condominium development stated a breach-of-contract claim against the Condominium Council, based on allegations that its Board unilaterally incorporated it into a non-stock corporation. Background According to her pleadings, Appellant Pammalla Uplinger is a ...

Tagged with: Civil Practice Contract Corporate Per Curiam Opinion Supreme Court of Virginia

This court granted judgment by default against all three Defendants for $85,851, attorney’s fees, and costs. After the Plaintiffs attempted to execute the judgment several times, the Defendants moved to set aside the default judgment on four grounds. The court ...

Tagged with: Civil Procedure Contract Judge Everett A. Martin Jr. Norfolk Circuit Court Real Estate Real Property Virginia Circuit Courts

A manufacturer stated a claim for defamation against the project-management company for whom it had provided turbines, based on oblique comments about “quality control” made by the company’s CEO on its shareholder earnings call. Background In this action, Plaintiff Fluor ...

Tagged with: Business Law Contract Judge M. Hannah Lauck Personal Injury Tort U.S. District Court - Eastern District

An insurer could not enforce an indemnification clause in its insured’s architectural contract because provisions requiring contractors to indemnify other parties for negligence are void in their entirety under Code § 11-4.1. Background Defendant Lessard Design Inc. provides architectural services, including ...

Tagged with: Business Law Construction Contract Judge T.S. Ellis III U.S. District Court - Eastern District