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Who pays? A tutorial on fee-shifting in divorce cases
While outlining a five-factor framework for domestic relations fee shifting, a Fairfax County judge nonetheless decided this month that the factors weighed against any fee award in a high-profile divorce case. Judge David A. Oblon found a gap in legal authority to guide trial courts in the routine but important responsibility of awarding attorneys’ fees, […]
Senator sanctioned as counsel in franchise suit
State Sen. Chap Petersen and his litigation client together have been sanctioned for filing what a judge termed a “speculative” lawsuit over business losses by a franchisee. Retired Circuit Judge Joseph J. Ellis – sitting in Fairfax County – ordered Petersen and his client to pay more than $54,000 in attorneys’ fees to the other […]
Fighting a ‘perception of injustice’: Fairfax judge to remove courtroom portraits for trial
A Fairfax County judge says he will not force a Black defendant to go on trial in a courtroom lined with portraits of white judges. Circuit Judge David Bernhard granted a motion to remove courtroom portraits that “overwhelmingly” depict white jurists for the Jan. 4 trial of Terrance Shipp on charges of eluding police. The […]
Condition of tractor-trailer at issue in crash killing mom, unborn child — $1,680,000 settlement
Type of action: Truck crash Injuries alleged: Wrongful death of mother and fetus, injuries to minor children Court: Fairfax County, Warren County Name of judge or mediator: Hon. (retired) Johanna Fitzpatrick Date resolved: 11/07/2020 Special damages: Injuries to the four children totaled less than $100,000 Demand: $2,300,000 Verdict or settlement: Settlement Amount: $1,680,000 Attorney(s) for [&he[...]
New faces — Northern Virginia sees more diversity on bench, bar leadership
Advocates of diversity in the bench and bar say they’re pleased with recent advances in Northern Virginia, but questions remain about whether the progress is sustainable. Observers also see work to be done in making other bar groups more representative. For lawyers in Northern Virginia, signs of change are readily apparent. The current presidents of […]
Do it again: Second depo allowed for witness who changed many answers
After the plaintiff in a medical malpractice wrongful death action submitted 72 changes to her deposition answers, a Virginia circuit judge allowed the defendants a second deposition to inquire about the changes. The Fairfax County case raised an issue occasionally confronted by federal judges, but rarely addressed in state trial courts. Judge David A. Oblon […]
Fairfax cruelty prosecutions questioned
A Fairfax lawyer is questioning a promise by Commonwealth’s Attorney Steve Descano to continue prosecuting animal cruelty cases. On Aug. 19, WDVM-TV reported that the Fairfax commonwealth’s attorney’s office was no longer prosecuting animal misdemeanor charges and was cutting the use of prosecutors for other cases, as well. Descano said the changes, which went into […]
A Virginia tradition
FAIRFAX — A Fairfax County legal tradition continued this month as lawyers, judges and court staffers turned a parking lot in the shadow of the county jail into a festive, old-timey picnic. Live music, raffle prizes, a color guard and a speech by “Thomas Jefferson” highlighted the 19th annual May 1 Law Day “Weiner Roast.” […]
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
