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Tag Archives: Fairfax County Circuit Court

Setback variance to build screened porch approved (access required)

Respondent’s board of zoning appeals incorrectly denied petitioners a setback variance to replace a deck at their residential home with a screened porch. Background Petitioners own a home on a corner lot in Vienna, Virginia. The lot is wider than ...

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No CGL coverage for suit arising from untimely repairs (access required)

Where a contractor sought coverage under a CGL policy when it was sued for not timely completing repairs, the insurer has no duty to defend or indemnify because the suit did not allege an “occurrence” within the policy’s terms. Overview ...

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Relief laws no defense to confessed judgment (access required)

Provisions of the federal Servicemembers Civil Relief Act (SCRA) provide no defense to a confessed judgment entered against defendant while he was on active military duty. Background Slonopas Real Estate executed a deed of trust and a promissory note payable ...

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Woman was attacked by two pit bulls while walking her dog — $100,000 settlement (access required)

Plaintiff was walking her dog on a leash when two loose pit bulls attacked her dog and attempted to pull him apart. During the struggle, plaintiff fell and landed on her lower back. She suffered a fractured sacrum and concussion. ...

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Court will not seal infant settlement terms (access required)

Where the parties in this medical malpractice case, a minor, his mother and several defendants, made a pretrial settlement of plaintiffs’ claims, the court will not seal the settlement terms. Although the wrongful death statute requires settlement terms to be ...

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Judge: Infant settlement terms must be public (access required)

stethoscope-medical-malpractice-health-doctor

Litigants settling a child’s medical malpractice claim cannot keep the terms secret under Virginia law that requires a judge’s approval of the compromise, a circuit judge has ruled. The decision underscores transparency principles established in a 2008 Virginia Supreme Court ...

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Man: chiropractor burned his back, used too much force – $425,000 verdict (access required)

Plaintiff, a first-time chiropractic patient, went to chiropractor with some sharp and radiating low back pain on April 13, 2016. Plaintiff’s evidence was that the chiropractor used moist heat at about 165 degrees on his middle and upper back. Plaintiff’s ...

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Some statements actionable as defamation by implication (access required)

Where plaintiff, John C. Depp, claims defendant, Amber Heard, defamed him in a Washington Post op-ed, three of the four complained-of statements are actionable under a defamation by implication theory. Background Plaintiff’s defamation claim arises from four statements in an ...

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