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Plaintiff lacks standing to sue for undue influence
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 granted. Overview Susan Forbes, John B. Forbes and Chip Forbes are heirs to the decedent, […]
Usurious lender may recover principal but not interest
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 and defendant Smalls met while both were in jail. After Shannon was released, he gave […]
Sole proprietor not required to have workers’ comp insurance
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 obtain workers’ compensation insurance because the business did not have at least three employees. Consequently, […]
Dead Man’s statute corroboration requirements
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, … Ms. Lohman [the decedent’s personal representative] seeks to exclude certain testimony[...]
No unilateral revocation of LLC voting rights
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 Oblon of the Fairfax County Circuit Court explained that “[n]o statutory authority directly addresses the […]
Employment discrimination claim survives demurrer
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 to support a ‘reasonable inference’ that: (1) she engaged in protected activity; (2) the Board […]
No unilateral revocation of LLC voting rights
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 their voting rights coupled with an interest. Thus, if common law principal-agency principles applied in […]
Lack of standing: Failure to disclose dooms med-mal claim
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 next morning. Judge Richard E. Gardiner of the Fairfax County Circuit Court agreed with the […]
Young woman struck by work van, developed knee lesion — $275,000 settlement
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 of case: Client was a pedestrian struck by a work van making a U-turn in […]
Med mal action is part of bankruptcy estate
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 the bankruptcy estate and [is] enforceable solely by the trustee.” Defendant’s motion to dismiss is […]
‘Dead Man’s Statute’ addressed
In an opinion affecting several cases in active litigation, a circuit court has sought to clarify Va. Code § 8.01-397 — the “Dead Man’s Statute.” Virginia is the only state to have such a statute, which provides for the admission of hearsay from a decedent if it is relevant and corroborated. Jurors are permitted to […]
Punitive damages award reduced in defamation case
Where a jury awarded $1 in compensatory damages and $200,000 in punitive damages on a defamation claim, a motion for remittitur is granted. The award is reduced to $25,000. Background The parties are both dentists. Brown hired Grundy in 2013 and terminated him in 2018. Each sued the other. Both claimed and counterclaimed, among other […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
