Where plaintiff was not the personal representative of the decedent’s estate, he lacks standing to sue his sister for undue influence, unjust enrichment and breach of fiduciary duty. His fraud claim, however, goes forward. His request for an accounting is ...

Tagged with: Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts Wills & Trusts

Where a lender charged a usurious interest rate on a loan, the lender may recover the principal sum but not interest and fees. A second loan contract in this case is unenforceable due to lack of consideration. Loans Plaintiff Shannon ...

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

A working owner of an unincorporated business is not an employee within the meaning of the Virginia Workers’ Compensation Act. Further, the business’ customers do not employ the business’ workers. As a result, the business owner was not required to ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts Workers’ Comp

Where eight consolidated cases present opportunities to apply Virginia’s Dead Man’s statute, the court clarifies the statute’s corroboration requirements. Overview Estate of Lohman has been consolidated with Rosenthal/Bavely. The common thread is application of the Dead Man’s statute. “In Lohman, ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

No statutory or common law right exists allowing members of a limited liability company, or LLC, to unilaterally revoke an assignment of voting rights to another member, according to a recent ruling from a Northern Virginia circuit court. Judge David ...

Tagged with: Fairfax County Circuit Court Judge David Oblon

Where an auditor presented evidence to a county school board of alleged wrongdoing by “senior leadership,” her claim against the board under the Virginia Fraud Against Taxpayers Act goes forward. The board’s demurrer is overruled. Plaintiff “sufficiently alleges facts sufficient ...

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

There is no statutory or common law right for a limited liability corporation member to unilaterally revoke an assignment of voting rights to another member. In the alternative, the court “holds that the assignee members in the present case assigned ...

Tagged with: Business Law Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

A medical malpractice claim that a plaintiff failed to disclose when she filed for bankruptcy has been dismissed for lack of standing. The defendants discovered the bankruptcy filing on the eve of trial and filed a motion to dismiss the ...

Tagged with: Fairfax County Circuit Court Judge Richard E. Gardiner Medical Malpractice

Type of action: Personal injury Injuries alleged: Morel-Lavallee lesion, scarring Court: Fairfax County Circuit Court Date resolved: 6/30/2022 Special damages: $85,000 in medical bills Verdict or settlement: Settlement Amount: $275,000 Attorney for plaintiff (and city): Justin W. Curcio, Alexandria Description ...

Tagged with: Fairfax County Circuit Court Personal Injury Settlement

Where the bankruptcy plaintiff did not disclose that she had a medical malpractice claim and did not seek to exempt it from the bankruptcy estate, plaintiff lacks standing to pursue the claim. “[T]he cause of action remain[s] a part of ...

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