Where defendant has moved for a temporary injunction to bar plaintiff’s foreclosure action, the motion is denied. Defendant is not likely to succeed on the merits because the action was timely filed. Background Defendant Thoburn Limited Partnership, by a deed ...

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

Where the court has previously ruled that 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 ...

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

Provisions of the federal Servicemembers Civil Relief Act (SCRA) provide no defense to a confessed judgment entered against defendant while he was on active military duty. Background Slonopas Real Estate executed a deed of trust and a promissory note payable ...

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

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