An arbitration clause in a revocable trust agreement cannot be enforced because the trust is best understood as a donative instrument rather than a written contract. Further, the present controversy did not exist when the trust was executed. Finally, plaintiff ...

Tagged with: Fairfax Circuit Court Judge Bruce D. White Virginia Circuit Courts Wills & Trusts

A Fairfax County circuit judge has declined to uphold an arbitration clause in a trust agreement, and refused to send a dispute over the actions of a trustee to arbitration. Finding the controversy over the trustee’s actions had not arisen ...

Tagged with: Fairfax County Circuit Court Judge Bruce D. White Wills & Trusts

The Fairfax County executive properly determined that firefighter captains are not entitled to invoke grievance procedures to challenge changes to county policies governing promotions and filling vacancies in the Fire and Rescue Department. Overview In response to the COVID-19 pandemic, ...

Tagged with: Employment Fairfax County Circuit Court Judge Bruce D. White Virginia Circuit Courts

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 ...

Tagged with: Fairfax County Circuit Court Judge Bruce D. White Personal Injury Tort Virginia Circuit Courts

A limited partner’s demand to inspect partnership records must state a proper purpose for doing so. Overview Plaintiff is a limited partner of defendant Arrowhead Apartments. Plaintiff petitioned to inspect partnership records after becoming concerned about declining profitability, mismanagement and ...

Tagged with: Business Law Fairfax Circuit Court Judge Bruce D. White Virginia Circuit Courts

Relying on what he termed a “relaxed” Virginia standard for pleading defamation by implication, a Fairfax County judge has allowed actor Johnny Depp’s libel lawsuit against his ex-wife to go forward. Circuit Judge Bruce D. White said three statements in ...

Tagged with: Defamation Fairfax County Circuit Court Judge Bruce D. White

Virginia is the proper forum for plaintiff’s defamation suit because under the lex loci delicti rule, the cause of action arose where the last act for publishing the allegedly defamatory essay took place; in this case, when a newspaper uploaded ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Bruce D. White Virginia Circuit Courts

A defense motion to set aside defaults and file responsive pleadings is granted. Plaintiffs did not argue they will be prejudiced if the motion is granted. Further, defendant did not act in bad faith by rejecting service for incorrect or ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Bruce D. White Virginia Circuit Courts

A pro se complaint that seeks to have a Confederate monument relocated from downtown Norfolk to a city cemetery is dismissed because plaintiffs have failed to a state a claim for which relief can be granted. Free speech Plaintiffs have ...

Tagged with: Civil Rights Judge Bruce D. White Norfolk Circuit Court Virginia Circuit Courts

Actor Johnny Depp’s defamation lawsuit against Amber Heard, his ex-wife, can be tried in Fairfax County, even though neither of the parties has any personal connection to the locale, a Virginia circuit judge ruled. The star of the “Pirates of ...

Tagged with: Defamation Fairfax County Circuit Court Judge Bruce D. White