Where the court previously ruled that a divorced couple’s frozen embryos could not be partitioned under the goods or chattels statute because the statute “refers only to partition of goods or chattels found on real property being partitioned,” on reconsideration, ...

Tagged with: Family Law Judge Richard E. Gardiner Virginia Circuit Courts

A Virginia circuit court vacated its order that a divorced couple couldn’t partition their frozen embryos under Code § 8.01-93, analyzing more than 100 years of statutory history to reach its conclusion. The couple’s separation agreement didn’t determine what to ...

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

Where an auditor presented evidence to a county school board of alleged wrongdoing by “senior leadership,” her claim against the board under the Virginia Fraud Against Taxpayers Act goes forward. The board’s demurrer is overruled. Plaintiff “sufficiently alleges facts sufficient ...

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

A medical malpractice claim that a plaintiff failed to disclose when she filed for bankruptcy has been dismissed for lack of standing. The defendants discovered the bankruptcy filing on the eve of trial and filed a motion to dismiss the ...

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

Where the bankruptcy plaintiff did not disclose that she had a medical malpractice claim and did not seek to exempt it from the bankruptcy estate, plaintiff lacks standing to pursue the claim. “[T]he cause of action remain[s] a part of ...

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

Where petitioner sought a protective order in the JDR court after respondent received a summons for speeding while the parties’ daughter was in the vehicle, the JDR court’s denial of petitioner’s oral motion for a protective order is upheld on ...

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

Where the bequests to certain beneficiaries were to be funded from the sale of the testator’s condominium, the sale of the condominium before the testator’s death adeemed the bequests. The Commissioner of Accounts erred by concluding otherwise. Her recommendation that ...

Tagged with: Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts Wills & Trusts

A claim for punitive damages in a wrongful termination case is allowed to proceed after surviving demurrers from the defendant employer. An additional claim by the plaintiff for attorney fees was not allowed to proceed after the defendant’s demurrer was ...

Tagged with: Employment Judge Richard E. Gardiner Punitive damages Virginia Circuit Courts wrongful termination

Where plaintiff alleges that he was fired after he complained to defendant employer that he was not being timely paid, he has stated a claim for discharge in violation of public policy. Further, defendant’s demurrer to plaintiff’s claim for punitive ...

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

On reconsideration, the court again denies petitioner’s motion for a protective order because she did not prove that respondent, more than once, placed her “in reasonable fear of death, criminal sexual assault, or bodily injury.” The statutes “The petition was ...

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