Quantcast

Tag Archives: Judge Daniel E. Ortiz

Long litigation waives arbitration provision (access required)

Where defendants, who are minority shareholders, have litigated for six years concerning access to plaintiff’s corporate records, defendants cannot invoke an arbitration provision after plaintiff sought declarative and injunctive relief concerning its rights and responsibilities to defendants. Defendants have waived ...

Read More »

Commonwealth can sue lender despite arbitration clause (access required)

The commonwealth may pursue claims on behalf of borrowers to enforce the Virginia Consumer Protection Act despite the borrowers’ signed arbitration agreements with the lender. Overview Net Credit, an internet-based lender, made loan agreements with private borrowers. The Commonwealth has ...

Read More »

Investor seeking ownership sues after terms changed – $1,429,275 Verdict (access required)

The case involved claims of fraudulent inducement, breach of contract, and quantum meruit arising from defendant Akira Technologies Inc.’s solicitation of a $250,000 investment from plaintiff Inna Bochkova in the spring 2011. Akira is a small government contractor that was ...

Read More »

Va. Cir.: Country club wins second municipal tax challenge (access required)

For tax purposes, the City of Fairfax must assess Army Navy Country Club’s land as residential property and omit “improvements” (e.g. clubhouse, pool, tennis courts) that would be demolished in the event of residential development. Background This case challenges tax ...

Read More »

Va. Cir.: Voluntary payment defeats fee challenge (access required)

A borrower who paid what she considered unreasonable attorneys’ fees to her noteholder, in anticipation of her impending sale of the property securing the note, could not recover fees she had paid voluntarily. To the extent the borrower argued that ...

Read More »

Contractor Showed No Damage from Exec Departure (access required)

Plaintiff, a company that provides systems engineering and technical support to federal agencies, could not show any lost profits from alleged trade secret misappropriation or other wrongful conduct by a former executive who left to develop her own IT business ...

Read More »

Field sobriety test results suppressed in Fairfax (access required)

dui_fea

A trial judge has excluded the results of a driver’s field sobri­ety tests because the telephone translator who conveyed the of­ficer’s instructions to the driver did not come to court. Instructions conveyed through the translator are testimonial, and the driver ...

Read More »