In what some could see as a shock to their litigation budgets, a Virginia circuit court judge has ruled that a litigant who chooses to depose an opponent’s expert witness must also pay for the expert’s reasonable preparation and travel ...

Tagged with: Civil Practice Judge David A. Oblon Virginia Circuit Courts

Where a court rule requires a litigant to pay “‘a reasonable fee for time spent and expenses incurred[,]’” when deposing an opposing expert witness, this includes the expert’s “reasonable fees incurred during the deposition itself, as well as the reasonable ...

Tagged with: Civil Practice Judge David A. Oblon Virginia Circuit Courts

Where a lender charged a usurious interest rate on a loan, the lender may recover the principal sum but not interest and fees. A second loan contract in this case is unenforceable due to lack of consideration. Loans Plaintiff Shannon ...

Tagged with: Contract Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where eight consolidated cases present opportunities to apply Virginia’s Dead Man’s statute, the court clarifies the statute’s corroboration requirements. Overview Estate of Lohman has been consolidated with Rosenthal/Bavely. The common thread is application of the Dead Man’s statute. “In Lohman, ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

There is no statutory or common law right for a limited liability corporation member to unilaterally revoke an assignment of voting rights to another member. In the alternative, the court “holds that the assignee members in the present case assigned ...

Tagged with: Business Law Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

In an opinion affecting several cases in active litigation, a circuit court has sought to clarify Va. Code § 8.01-397 — the “Dead Man’s Statute.”  Virginia is the only state to have such a statute, which provides for the admission ...

Tagged with: Dead Man's Statute Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Type of action: Medical malpractice Injuries alleged: Delay in diagnosis and treatment of lung cancer Name of case: Lohman v. Krishnan Court: Fairfax Circuit Court Case no.: 2017-14850 Tried before: Jury Name of judge or mediator: Judge David A. Oblon ...

Tagged with: Defense Verdict Fairfax Circuit Court Judge David A. Oblon Medical Malpractice Verdict

Where the court must address whether the parties’ contract is ambiguous but is not “fully confident” how an exhibit relates to a section of the contract, the court will defer a ruling until trial. Explanation needed “Seller Eisiminger wants the ...

Tagged with: Contract Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where a criminal defendant demands jury sentencing, there is no statutory right to revoke the request. The exception to this rule is the situation in which a defendant makes an early demand for jury sentencing and then decides to revoke. ...

Tagged with: Criminal Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where the commonwealth’s attorney prosecuted defendant’s case while her license was suspended for not paying bar dues, a defense motion to set aside the guilty verdict is denied. A conviction obtained by an unlicensed prosecutor will not be voided unless ...

Tagged with: Criminal Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts