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Ambiguity ruling deferred until trial
Where the court must address whether the parties’ contract is ambiguous but is not “fully confident” how an exhibit relates to a section of the contract, the court will defer a ruling until trial. Explanation needed “Seller Eisiminger wants the Court to interpret the Agreement as an unambiguous contract that is essentially a simple algorithm. […]
Forum selection clause valid despite fraud claim
Where plaintiff alleges defendant misappropriated plaintiff’s leadership materials, plaintiff’s claim for fraudulent inducement of a contract does not defeat a forum selection clause that requires litigation of fraud and misappropriation of trade secrets in a Maryland court. Background Boxer Advisors had a federal government contract and subcontracted with SBI to provide “leadership developm[...]
Contract claim sustained, fraud counterclaims dismissed
Where the buyer of a firearms business only paid a portion of the sales price, the seller prevails on a breach of contract claim. The buyer’s counterclaim for fraud is dismissed with prejudice. Statement of the case “Before the Court is Plaintiff’s Second Amended Complaint asserting Breach of Contract (Count I), Reformation of Contract (Count […]
Suppression of evidence from warrantless search granted
Even though the police had probable cause to search and seize defendant’s vehicle, there were no exigent circumstances to excuse the need to obtain search and seizure warrants. Background A witness told police that a vehicle struck a pedestrian who had fallen in the roadway. The vehicle, described as a black Hummer, drove away. Detective […]
Sanctions upheld in protective order matter
Where petitioner sought a protective order in the JDR court after respondent received a summons for speeding while the parties’ daughter was in the vehicle, the JDR court’s denial of petitioner’s oral motion for a protective order is upheld on a motion for reconsideration in the circuit court. Respondent’s motion for attorney fees is granted. […]
No appeal of preliminary protective order denial
Where appellant seeks to appeal the general district court’s denial of preliminary protective orders, the circuit court lacks appellate jurisdiction because there is no final order in this matter. Not final “When the Circuit Court exercises its appellate jurisdiction in a de novo appeal from General District Court, an appeal of right exists from any […]
Eave overhang immaterial to adverse possession claim
Where the court previously ruled that the boundary line between the parties’ property is defendants’ fence, which is on land defendants obtained by adverse possession, the fact that a roof eave on plaintiffs’ shed overhangs the fence does not defeat the adverse possession claim. Further proceedings to determine a new boundary line are not necessary. […]
No right to withdraw jury sentencing demand
Where a criminal defendant demands jury sentencing, there is no statutory right to revoke the request. The exception to this rule is the situation in which a defendant makes an early demand for jury sentencing and then decides to revoke. Revocation is permitted if it occurs more than 30 days before trial, see Code § […]
Romantic restrictions provisions void
A Virginia circuit court has ruled that provisions in a property settlement agreement, or PSA, which regulated introduction of the parties’ romantic partners to their child were unconstitutionally vague, void as against public policy and unenforceable. Judge David Bernhard of the Fairfax County Circuit Court said “[f]or the Court to incorporate in its order that […]
Convictions obtained by unlicensed prosecutor valid
Where the commonwealth’s attorney prosecuted defendant’s case while her license was suspended for not paying bar dues, a defense motion to set aside the guilty verdict is denied. A conviction obtained by an unlicensed prosecutor will not be voided unless the prosecutor engaged in improper conduct and the conduct denied the defendant a fair trial. […]
Absence of prejudice: Conviction secured by unlicensed prosecutor OK
In a case of first impression, a Virginia circuit court has upheld a felony conviction secured by a prosecutor who was unlicensed during the trial. After reviewing similar decisions from other jurisdictions, Judge David A. Oblon of the Fairfax County Circuit Court found that all but one held that dismissal is not required in a […]
Woman injured by intoxicated driver, required colostomy — $4.2M verdict
Type of action: Auto accident Injuries alleged: Tears of the colon and ileum; morel-lavalee seatbelt traction injury; fractured transverse process at C1, L2, L4 and L5 and broken rib Name of case: Vera v. Algie Court: Fairfax County Circuit Court Tried before: Jury Date resolved: 4/11/2022 Special damages: $573,000 in past medical bills; $125,000 in […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
