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Tag Archives: Fairfax County Circuit Court

Plaintiff claimed failure to deal with nerve injury in hand – Defense Verdict (access required)

On May 9, 2013, plaintiff, a 46-year-old female, sustained two lacerations to her right wrist when she put her hand through a glass door. After transport to the emergency department, the defendant hand surgeon was called to evaluate the patient. ...

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Va. Cir.: Amended anti-SLAPP fee provision not retroactive (access required)

A Yelp reviewer who successfully defended against defamation claims couldn’t claim attorneys’ fees under Va. Code § 8.01-223.2 because 2017 amendments weren’t retroactive, a Virginia circuit court held. Background Defendant Jeremiah Jones retained Plaintiff Will Nesbitt Realty LLC to assist him in renting a ...

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Woman’s use of eyelids damaged in surgery – $800,000 Verdict (access required)

Patient, a 70-year-old Taiwanese woman, sought cosmetic surgery to remove the “puffiness” in her eyelids. She went to defendant (plastic surgeon) who recommended a blepharoplasty (a procedure to remove fat from her eyelids). During the blepharoplasty, defendant severed the tendon ...

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Va. Cir.: Distinct contract claim was eligible for nonsuit (access required)

Despite past litigation on the parties’ agreements that ended in a nonsuit, the present litigation – though based on the same contracts – is eligible for separate nonsuit because the present claims arise out of a separate transaction or occurrence ...

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Man died during heart surgery – Defense Verdict (access required)

William Johnson, age 51, had longstanding cardiac arrhythmia resulting in cardiomyopathy and a severely reduced ejection fraction (29 percent). In February 2015, he underwent an endocardial ablation procedure in an attempt to cure the arrhythmias. The procedure failed. On March ...

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Man died during heart surgery – $7,000,000 Defense Verdict (access required)

William Johnson, age 51, had longstanding cardiac arrhythmia resulting in cardiomyopathy and a severely reduced ejection fraction (29 percent). In February 2015, he underwent an endocardial ablation procedure in an attempt to cure the arrhythmias. The procedure failed. On March ...

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Va. Cir.: Quasi-contract claims were within agreement’s scope (access required)

A subcontractor could not prevail on claims of quantum meruit or unjust enrichment when the disputed matters were clearly within the scope of the parties’ agreement. Background In 2014, Plaintiff Total Technology Solutions entered into an agreement with Defendant ActioNet ...

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Va. Cir.: Interstate extradition documents proper (access required)

A habeas petitioner, wanted in California on charges of conspiracy to commit murder, was subject to extradition based on proper authorization and identification contained in California’s documents requesting such extradition from Virginia. The petitioner will remain detained pending appeal. Background ...

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Va. Cir.: Complaint amended with party’s real name didn’t relate back (access required)

Filed days before the end of the limitations period and never served, the initial complaint didn’t put the defendant on notice of the suit, a Virginia circuit court held. The filing period also wasn’t extended by the defendant’s use of ...

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