Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: Judge David A. Oblon

Change to summary judgment procedures discussed (access required)

The General Assembly’s 2019 expansion of summary judgment procedures to allow certain business litigants to use affidavits and depositions to support summary judgment motions does not require opposing parties to file responsive affidavits or contrary deposition testimony to support a ...

Read More »

‘Highly surveilled nation’: Judge denies geofence warrant in first-of-its-kind decision (access required)

Police officer investigating digital evidence

A judge has denied a request from the Fairfax County Police Department to issue a “geofence” search warrant in a motel shooting case. Such a warrant would allow a police department to request for Google to list any cellphones active ...

Read More »

‘Geofence’ search warrant request lacks probable cause (access required)

The Fairfax County Police Department’s request for a “geofence” search warrant is denied because it is overbroad. Further, the warrant affidavit does not have sufficient probable cause or particularity. Overview Police investigated shootings at a motel. Two groups of people ...

Read More »

Business expenses deducted from income to determine child support (access required)

Where father receives child support payment from mother, father’s income from his rental units may be offset by his reasonable rental business expenses for purposes of calculating the child support guidelines. Background Father owns two residential properties, which he leases. ...

Read More »

Demurrer not permitted when circuit court hears appeal (access required)

The Fairfax County Board of Supervisors may not demur to a petition for a writ of certiorari appealing a decision of the county’s Board of Zoning appeals. Overview Harmony Hill Equestrian Center received an unfavorable decision from the county BZA ...

Read More »

Court will not unseal mother’s expunged criminal records (access required)

In this custody dispute, where petitioner-father seeks to unseal mother’s expunged criminal records and to intervene in pending expungement proceedings, the court denies petitioner’s motions. Father seeks the sealed records as evidence the court should consider when determining the best ...

Read More »

Alleged paramour’s existing information must be disclosed (access required)

Where wife counterclaimed for a divorce on grounds of adultery, husband’s alleged paramour cannot claim a Fifth Amendment privilege in response to a civil subpoena duces tecum for existing personal, private information, even if such information is incriminating. However, the ...

Read More »

Court articulates factors to award attorneys’ fees (access required)

Where the divorcing parties each seek attorneys’ fees from the other, the court provides the guidelines and considerations it uses to determine whether to shift attorneys’ fees and whether a fee request is reasonable. Discussion “[T]here is little authority to ...

Read More »