Litigants settling a child’s medical malpractice claim cannot keep the terms secret under Virginia law that requires a judge’s approval of the compromise, a circuit judge has ruled. The decision underscores transparency principles established in a 2008 Virginia Supreme Court ...

Tagged with: Fairfax County Circuit Court Judge David A. Oblon Judge Michael F. Urbanski Medical Malpractice Virginia Circuit Courts

Where the parties swore in open court that their agreement, as recited by counsel, was “full,” “final” and “total,” the court will treat the proposed order, which tracks the hearing transcript, as a final, enforceable order once it is entered. ...

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

Where plaintiff seeks to have her marriage to defendant husband annulled, the failure to consummate the marriage, standing along is not a ground for annulment. Further, plaintiff has not shown by clear and convincing evidence that at the time of ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David A. Oblon Virginia Circuit Courts

The court will award plaintiffs damages of $1 million in this wrongful death case after a default judgment was entered when defendant failed to respond to the suit. Although defendant corporation’s entity status was inactive/revoked when plaintiffs served process on ...

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

Despite questions about whether a defendant health care company ever received actual notice of a malpractice lawsuit, a judge has approved a $1 million default judgment. The judge said he was reassured of proper service since suit papers were delivered ...

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

Although the newlywed parties had not consummated their marriage and one spouse was pursuing gender transition, the other spouse – who hoped for children – was not entitled to an annulment under Virginia law, a Fairfax Circuit judge has ruled. ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David A. Oblon

Divorce cases often expose family secrets that both sides would prefer to keep out of the public eye. Allegations of infidelity, cruelty or neglect are just the most obvious. There are children’s names, friends’ names and sordid details about the ...

Tagged with: Domestic Relations Judge David A. Oblon

Where wife filed a “salacious” divorce complaint, which she nonsuited after it was revealed the parties were already litigating a Florida divorce and custody action, husband’s motion to seal the record is granted in part. Overview Although the parties had ...

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

Transurban, which administers the electronic collection of tolls, proved beyond a reasonable doubt that it could not collect tolls from defendant Barnett on five occasions. Barnett’s challenge to five summonses issued as a result, based on the inference that she ...

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

A new ruling by a Fairfax circuit judge has caused a circuit split on an arcane-sounding but important procedural technique – a motion craving oyer. Such a motion is formally a demand that a party produce relevant documents. The issue ...

Tagged with: Fairfax County Circuit Court Judge Daniel E. Ortiz Judge David A. Oblon