The source-of-duty rule bars plaintiff from amending its complaint to include an actual fraud claim because the claim is related to the parties’ contract. Overview Plaintiff law firm seeks to add an actual fraud claim to its complaint against defendants. ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where a maintenance contract was referenced in the complaint, a motion craving oyer of the contract is denied. Oyer developments Plaintiff referenced a maintenance contract in a complaint against a homeowners association and other defendants. PLM, a maintenance contractor and ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Another circuit judge has taken a restric­tive view of the scope of motions to crave oyer while Virginia litigators wait to see what the state Supreme Court will say about the topic. In a lawsuit over an icy slip-and-fall, a ...

Tagged with: Fairfax County Circuit Court Judge Richard E. Gardiner Oyer

A healthcare provider has a private right of action under a statute that requires medical insurers to pay for emergency care without prior authorization regardless of whether the provided emergency services are in-network or out-of-network. The insurer’s demurrer to the ...

Tagged with: Fairfax Circuit Court Insurance Judge Richard E. Gardiner Virginia Circuit Courts

Doctors who billed nearly $250,000 but were paid less than $15,000 can sue their patient’s health plan under a Virginia statute setting pay rates for out-of-network emergency care, a circuit judge has ruled. A statute establishing what’s known as the ...

Tagged with: Fairfax Circuit Court Insurance Insurance Claims Judge Richard E. Gardiner Medical Costs

Where defendant’s interrogatory and a request for admissions sought to determine whether plaintiff engaged in adultery, plaintiff’s invocation of his right against self-incrimination limits the scope of his  response. In this divorce proceeding, defendant wife has moved to compel responses ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where the deed of trust notes in this foreclosure action state a maturity date but the deed of trust does not, the 20-year statute of limitations in Code § 8.01-242 applies. Although the foreclosure suit was filed more than 20 ...

Tagged with: Business Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where Fairfax County has adopted by resolution its own polices and practices for the procurement of goods and services, the county is wholly exempt from Virginia’s Public Procurement Act. A contractor’s judicial review rights are determined with reference to the ...

Tagged with: Administrative Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where a child’s therapist, who is not a party to this divorce action, moved to quash a subpoena duces tecum of the child’s mental health care records, the motion is granted. The controlling statute allows a health care professional to ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where the court has previously denied plaintiffs summary judgment on their claim that Fairfax County unreasonably amended its zoning ordinance to regulate short term leases of residential property, plaintiffs erroneously argue in a motion for reconsideration that the court determined ...

Tagged with: Fairfax County Circuit Court Judge Richard E. Gardiner Real Estate Virginia Circuit Courts