Plaintiff’s motion to strike defendants’ pleas in bar is granted because defendants have actually filed pleas of the general issues, which are not allowed under Va. Sup. Ct. Rule 3:8(a). Overview Plaintiff has sued defendants for conversion, violation of the ...

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

Where a municipality sought contribution and equitable indemnification from an excavating company that performed work two years earlier in the area where plaintiff was injured when she fell into a depression in the ground, the excavating company’s demurrer is sustained ...

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

A pro se relator’s qui tam action is dismissed because the relator is not represented by counsel. Grounds for dismissal “This matter is before the court on the motion of the Commonwealth of Virginia, by the Office of the Attorney ...

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

The Virginia statute that blocks tort recovery against a fellow employee for on-the-job injuries doesn’t apply when those injuries were covered by Maryland, not Virginia, workers’ comp law, a circuit judge has ruled. The Nov. 13 decision by Fairfax Circuit ...

Tagged with: Judge Richard E. Gardiner Personal Injury Workers' Compensation

Plaintiff may sue for personal injuries arising from an automobile accident in Virginia even though he was awarded workers’ compensation benefits in Maryland. Background Plaintiff and defendant Edwards are both Maryland residents and work for the same Maryland employer. Edwards ...

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

Where COVID-19 emergency orders hampered plaintiffs’ efforts to collect signatures on a petition to have the city of Norfolk adopt a “2nd Amendment Preservation” ordinance, the signature requirements in Norfolk’s city charter are not unconstitutional as applied to plaintiffs. Further, ...

Tagged with: Constitutional Judge Richard E. Gardiner Norfolk City Circuit Court Virginia Circuit Courts

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