Where defendant seeks credit for time served on an unrelated offense while waiting to be sentenced on the matter before the court, his motion is denied because the plain terms of Code § 53.1-187 do not grant the court authority ...

Tagged with: Criminal Fairfax County Circuit Court Judge John M. Tran Virginia Circuit Courts

Where a family was injured when a tree fell into their yard from a conservation easement maintained by a homeowners’ association, an arborist the association hired almost a year earlier to inspect and identify potentially harmful trees owed no duty ...

Tagged with: Fairfax County Circuit Court Judge John M. Tran Personal Injury Virginia Circuit Courts

Restrictive covenants in defendant doctors’ employment contracts with plaintiff cannot be enforced because they are too broad and violate public policy. Overview Plaintiff Metis Group was under contract with the U.S. Army to provide psychological services. Defendant doctors, Allison and ...

Tagged with: Contract Fairfax Circuit Court Judge John M. Tran Virginia Circuit Courts

Where a jury found that the decedent’s purported will was the result of fraud and undue influence, a plaintiff’s release of claims against the estate in exchange for an early distribution is invalid. Overview Nell Willis reached an accord and ...

Tagged with: Fairfax Circuit Court Judge John M. Tran Virginia Circuit Courts Wills & Trusts

Saying businesses have no right to put an “impermeable barrier” around employees and contractors, a Fairfax circuit judge has rejected an action to enforce broadly written noncompete and nonsolicitation clauses. The ruling could open opportunities for medical professionals and others ...

Tagged with: Employment Fairfax County Circuit Court Judge John M. Tran

Where plaintiff alleges that defendant trucking company breached a contract by dumping excessive amounts of dirt on her property, the trucking company’s owner cannot be held personally liable for damages. Further, under the “source of duty” rule, plaintiff cannot maintain ...

Tagged with: Contract Fairfax County Circuit Court Judge John M. Tran Virginia Circuit Courts

Virginia courts are taking a close look at questionable estate plans. A Virginia jury this month decided that a widow’s will – leaving the bulk of her estate to the lawyer who wrote her will – was procured through undue ...

Tagged with: Judge John M. Tran Justice S. Bernard Goodwyn Supreme Court of Virginia News Wills & Trusts

On Jan. 22, 2015, plaintiff presented to the defendant dermatology practice for evaluation of a non-healing lesion on her shin. A biopsy of the lesion was performed, and the subsequent pathology report reflected the lesion was cancerous. Surgical excision of ...

Tagged with: Fairfax County Circuit Court Judge John M. Tran Medical Malpractice Million-Dollar Defense Verdicts

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 ...

Tagged with: Fairfax County Circuit Court Judge John M. Tran Medical Malpractice Million-Dollar Verdicts

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 ...

Tagged with: Corporate Education Fairfax County Circuit Court FOIA Government Judge John M. Tran Public Records Virginia Circuit Courts