Tag Archives: Judge John M. Tran

Baby’s shoulder injured during birth – $2,320,335 Verdict (access required)

The minor plaintiff’s mother was admitted to INOVA Fairfax Hospital on March 10, 2010, for labor and delivery. The prenatal course and labor were uneventful. At the time of delivery of the head, the defendant obstetrician recognized a shoulder dystocia ...

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Va. Cir.: GMU Foundation not a public body subject to VFOIA (access required)

The George Mason University Foundation Inc. is an independent corporate entity whose records are not subject to freedom-of-information requirements, even if the records relate to funds used to support the University, itself a public body. Nonetheless, the University’s Gift Acceptance ...

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Members’ Acts Ratified by Corporate Conduct (access required)

Certain corporate members’ management of a construction project was ratified by sufficient other members, according to majority rule as defined in the corporate operating agreement. Claims challenging such ratified conduct were dismissed. The parties are joint venturers who formed a ...

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Noncompete Void for ‘Independent Contractor’ (access required)

An employer cannot enforce a noncom­pete provision in a speech therapist’s con­tract; the provision is overbroad and is void as the contract misclassifying the defen­dant speech therapist as an independent contractor violates Virginia public policy, says a Fairfax Circuit Court. ...

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Fees Awarded Under Vienna Metro Matrix (access required)

In this complex litigation alleging de­fendant breached a purchase agreement by not allocating for plaintiff’s use cer­tain density rights subsequent to changes in Fairfax County’s 2010 comprehensive plan, a Fairfax Circuit Court says defen­dant may amend its answer to cite ...

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Density Provision Subject to ‘Impossibility’ Defense (access required)

In this dispute involving a 2000 Pur­chase Agreement for the sale of real prop­erty located in Tysons Corner, Va., from West*Group Properties LLC to defendant Capital One Bank, a Fairfax Circuit Court grants summary judgment for Capital One in an ...

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