Tag Archives: Judge Michael F. Devine

No oyer because documents do not address relevant issue (access required)

Where defendants have filed a motion craving oyer for documents used to transmit two insurance policies and endorsements, the motion is appropriate but it is denied because the documents will not help the court decide a choice of law issue ...

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Judge tags dentist $140K for deleting evidence (access required)


In a court battle in which one dentist is suing another for defamation and for firing him, a circuit judge has ordered the defendant dentist to pay $140,554.65 in attorneys’ fees and costs for deleting digital records requested in discovery. ...

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Reduced income warrants lower support payments (access required)

Where husband’s income from his chiropractic practice has declined, this is a material change in circumstances that justifies a reduction in his support payments to plaintiff wife. Background Dr. Wichin, upon reaching full retirement age and experiencing a reduction in ...

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Parties’ shared intent resolves latent ambiguity (access required)

Where the parties’ contract provided plaintiffs with a 15% hardship uplift of their pay for working in Afghanistan and neither party knew that Department of State regulations permitted a 35%  maximum, plaintiffs’ claim for the higher uplift is rejected. The ...

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No forfeiture of $53K truck for $200 drug deal (access required)

The civil forfeiture of a truck valued at $53,000 that was used to unlawfully distribute $200 worth of cocaine would violate the Excessive Fines Clause of the Eighth Amendment and 14th Amendment’s Due Process Clause. Overview In the underlying criminal ...

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Response to adultery inquiries required (access required)

The plaintiff in this divorce case must respond to an interrogatory and a request for admission concerning misdemeanor acts of adultery despite invoking his right against self-incrimination. Facts The parties were married in 1996. Plaintiff sued for divorce in January ...

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Surgeon prevails in suit for failure to handle gastric surgery – Defense Verdict (access required)

On Feb. 18, 2015, plaintiff’s decedent, a 28-year-old male with history of “slipped” laparoscopic gastric band presented to Inova Fairfax Hospital’s emergency department for symptoms consisted with band complications. The patient was worked up by the emergency department staff, had ...

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Lawyer facing bar charges for ‘greedy’ estate fee (access required)


An Alexandria attorney accused of allegedly paying himself more than $1 million for handling the nearly $9 million estate of a woman who died in 2011 is facing bar charges of dishonesty and deliberate wrongdoing. A Fairfax County judge in ...

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Dentist wasn’t negligent in not discovering patient’s cancer – Defense Verdict (access required)

The plaintiff’s dece­dent was a 62-year-old mother of four adult children who presented to the defendant den­tist in July 2011 with complaints of a severe toothache on the lower left side of her mouth. Dr. Lee examined her mouth and ...

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