A Fairfax circuit judge has enforced a car-crash settlement conducted over email in which the parties simply agreed to dismiss a lawsuit in exchange for $610,000 in cash. The judge found that a follow-up email in which the two insurance ...

Tagged with: Fairfax County Circuit Court Judge David A. Oblon Settlement

Where the parties agreed in an email exchange to settle their suit, the term “settlement” was not ambiguous – it means “dismissal of this lawsuit” – and “no reasonable person would have attributed execution of a release to the term ...

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

Where defendant was convicted of aiding another person to unlawfully obtain documents from the Virginia Department of Motor Vehicles, the jury verdict is set aside because the crime has an implied mens rea element that was not reflected in the ...

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

A member of a dissolved limited liability corporation who is not a lawyer cannot litigate on behalf of the dissolved LLC. A complaint against defendant signed by the member is a “nullity” and defendant’s demurrer is sustained without leave to ...

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

Even though a jury found for defendants on plaintiffs’ public nuisance claim, they are not entitled to prevailing party attorney fees because the jury rejected defendants’ counterclaim for trespass and found for plaintiffs on their common-law private nuisance claim. Background ...

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

Parents who sued a gynecologist over alleged injuries to their then-unborn child cannot recover for the child’s medical bills until the child asserts his own personal injury claim, a Virginia circuit judge has ruled. The decision by Fairfax County Judge ...

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

Parents’ claims for medical expenses incurred on behalf of a child injured in utero were barred, as such claims are derivative of a child’s personal injury claim, and in this case no claims were brought in the child’s name. Background ...

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

A personal injury plaintiff can file a motion for nonsuit after commencement of the circuit court trial, which will annul the district court judgment and rulings. Background Mee Kim filed a personal injury action. The Fairfax general district court sustained ...

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

With a deep dive into Virginia civil procedure precedents, a Fairfax judge had both good and bad news for a plaintiff who sought a do-over after appealing to circuit court. The good news was that the plaintiff was entitled to ...

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

A condominium owner suing the unit owners’ association over water leaks does not have to bring all her fellow unit owners into the lawsuit, a Fairfax circuit judge has ruled. In a decision under the Virginia Condominium Act, Judge David ...

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