A Virginia judge has reduced the $200,000 in punitive damages awarded by a jury for defamation where the jurors only awarded $1 in compensatory damages. The defendant argued that the punitives award didn’t result from a fair and impartial decision ...

Tagged with: Fairfax Circuit Court Judge Michael F. Devine Virginia Circuit Courts

Type of action: Medical malpractice Injuries alleged: Delay in diagnosis and treatment of lung cancer Name of case: Lohman v. Krishnan Court: Fairfax Circuit Court Case no.: 2017-14850 Tried before: Jury Name of judge or mediator: Judge David A. Oblon ...

Tagged with: Defense Verdict Fairfax Circuit Court Judge David A. Oblon Medical Malpractice Verdict

A clause in a property settlement agreement requiring “great care” before either party introduces a romantic partner to the child is vague and cannot be enforced. Further, where the court has ruled that the parties will pay their child’s unreimbursed ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

Type of action: Medical malpractice Injuries alleged: Partial foot amputation, permanent deformity and pain limiting activities of daily living Court: Fairfax Circuit Court Tried before: Jury Name of judge or mediator: Judge John M. Tran Date resolved: 3/24/2022 Special damages: ...

Tagged with: Defense Verdict Fairfax Circuit Court Judge John M. Tran Medical Malpractice Verdict

Where plaintiff sued defendants under Virginia law for trademark infringement, federal law informs the court’s evaluation of whether laches is a valid defense to plaintiff’s suit. Defendants have not proven their laches defense in their plea in bar. Plaintiff lacked ...

Tagged with: Fairfax Circuit Court Judge David Bernhard Trademark Virginia Circuit Courts

Where plaintiff sued her employer under the Virginia Human Rights Act, she is not required to include in her pleadings a copy of the administrative complaint she filed with the state attorney general’s civil rights department. Defendant’s motion craving oyer ...

Tagged with: Civil Practice Fairfax Circuit Court Judge John M. Tran Virginia Circuit Courts

Where the bequests to certain beneficiaries were to be funded from the sale of the testator’s condominium, the sale of the condominium before the testator’s death adeemed the bequests. The Commissioner of Accounts erred by concluding otherwise. Her recommendation that ...

Tagged with: Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts Wills & Trusts

Even though the parties’ non-competition contract is enforceable on its face against defendant, who is plaintiff’s former employee, plaintiff is denied a preliminary injunction because it has not shown irreparable harm or that the equities tip in its favor. Background ...

Tagged with: Contract Fairfax Circuit Court Judge Robert J. Smith

Where father receives child support payment from mother, father’s income from his rental units may be offset by his reasonable rental business expenses for purposes of calculating the child support guidelines. Background Father owns two residential properties, which he leases. ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where plaintiff alleges that he was fired after he complained to defendant employer that he was not being timely paid, he has stated a claim for discharge in violation of public policy. Further, defendant’s demurrer to plaintiff’s claim for punitive ...

Tagged with: Employment Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts