Defendant’s motion for a protective order, which would allow separate but simultaneous recordings of a deposition, is denied. Only one a-v “Section (d)(1) of Rule 4:7A states, ‘Any deposition may be recorded by audio-visual means without a stenographic record. The ...

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

Where plaintiffs seek a preliminary injunction to compel the Thomas Jefferson High School for Science and Technology, or TJ, revert to its former admissions policy, which included standardized testing as part of the admissions process, relief is denied because plaintiffs ...

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

Where petitioner, who was in the United States on a student visa, pleaded guilty to a charge of possessing paraphernalia without being advised that the plea might result in her deportation, she is entitled to habeas corpus relief. Overview Following ...

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

Where a group of parents and their minor children, through next friends, sued the Fairfax County School Board and the superintendent concerning their decisions and actions to eliminate a standardized testing requirement as an admissions factor to the Thomas Jefferson ...

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

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