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Company held responsible for rep’s accident – $700,000 Verdict
This was a personal injury action arising from a motor vehicle collision that occurred in April 2015 in Loudoun County. At the time of the collision, a marketing representative from Polyface Inc. was on a two-day business trip from Central Virginia to multiple businesses in the Northern Virginia/Washington, D.C. area for the purpose of delivering […]
Mediated ‘Term Sheet’ was a binding contract
Lawyers and their clients wrap up a marathon mediation session with a seasoned professional mediator in a multi-million dollar case. After 12 hours at the table with retired circuit judge Arthur Vieregg, the lawyers draw up a six-paragraph “Term Sheet” that says the defendant tech company will pay an investor and former officer $3 million […]
Judge orders specific performance of plea deal
A circuit judge upheld a plea deal last month in a cigarette-trafficking case, questioning the credibility of a prosecutor who denied there was a deal to drop additional charges.
Trial lawyers learn from experts, judges
HOT SPRINGS – Virginia plaintiffs’ lawyers witnessed stark contrasts in courtroom styles as successful trial attorneys showcased their craft during the annual gathering of the Virginia Trial Lawyers Association at The Homestead last month. New Jersey lawyer Tom Vesper donned a tablecloth at one point and then dumped ice water over his head for dramatic […]
No Proof for Post-Termination Commissions
Although the jury awarded plaintiff, who was terminated by defendant Anonymizer Inc., $139,458.17 in commissions for defendant’s breach of its sales incentive plan, the Fairfax Circuit Court denies plaintiff’s motion to reconsider an award of post-termination commissions. Plaintiff presented insufficient evidence on whether he was entitled to commissions on those accounts which were renewed af[...]
Plaintiff claims heart attack should have been diagnosed sooner – Defense Verdict
Plaintiff alleged that defendant cardiologist failed to timely diagnose and appropriately treat plaintiff’s myocardial infarction. Plaintiff was left with diminished ejection fraction of 30 percent, and required an implantable cardioverter-defribilator. Defendant denied all liability. After all of the arguments and evidence were presented, the jury returned a verdict in favor of the defendants a[...]
Forms over substance: Agency can’t retract payments by claiming paperwork errors
The Virginia Department of Medical Assistance Services has been rebuffed in two different cases in its efforts to get back money it paid for services rendered through Medicaid. In cases from Fairfax and Norfolk, DMAS sought to retract payments of more than $100,000 by claiming providers made errors in filling out agency forms. But two […]
Woman claims lap pad was left behind during C-section – Defense Verdict
Plaintiff underwent a repeat cesarean section delivery on March 15, 2006. The delivery was complicated by a left uterine artery laceration. All documented sponge/ lap pad counts were correct. In July 2009, plaintiff developed abdominal pain that became so severe she presented to the emergency department on Aug. 15, 2009. Emergent exploratory laparotomy revealed massive […]
Monday leads in bar nods for appeals court
Roanoke attorney Monica Taylor Monday is the leader in support from Virginia’s statewide bar groups for a seat on the Virginia Court of Appeals. Judge James J. Haley Jr. is retiring in March; leaders of the Senate and House of Delegates sought input from the bar groups on the pending vacancy. Eight statewide bar groups […]
Waiver Valid with Parol Evidence
In this suit by an Indian businessman and his four businesses over commercial loans obtained from defendant bank, the Fairfax Circuit Court says the Waiver and Amendment Agreement plaintiff negotiated with the bank is valid and enforceable, and bars plaintiffs’ claim for breach of contract. This case arises out of a dispute between Mr. Krishnan […]
Expungement OK After Charge Reduced
A Fairfax Circuit Court grants a petition to expunge police and court records relating to petitioner’s 2001 arrest for sale and/or distribution of marijuana, which was nolle prossed, and a 2010 arrest for reckless driving, which was reduced to improper driving. Under Va. Code § 19.2-392.2(A), if a person is acquitted of a crime, if […]
Driver could clean up record
A defendant who pleaded guilty to a reduced traffic charge could have the more serious charge expunged from his record, a Fairfax Circuit Court has ruled. Virginia’s statute on expungement of records, Virginia Code § 19.2-392.2(A), prescribes certain rules. If a person is acquitted of a crime, if a nolle prosequi is taken, or if […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
