Where the parties settled their condemnation dispute, the settlement funds should be paid to respondent or its attorney, and not the clerk of the court. Overview “Petitioner Commissioner of Highways … filed a condemnation action in connection with the Elden ...

Tagged with: Civil Practice Judge Robert J. Smith Virginia Circuit Courts

Where plaintiff was not the personal representative of the decedent’s estate, he lacks standing to sue his sister for undue influence, unjust enrichment and breach of fiduciary duty. His fraud claim, however, goes forward. His request for an accounting is ...

Tagged with: Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts Wills & Trusts

Where the commonwealth moved to have a facility dog accompany the complaining witness when she testifies at a sex crimes trial, the motion is granted because the dog “qualifies as a facility dog,” the dog’s “use will aid the witness ...

Tagged with: Criminal Judge Robert J. Smith Virginia Circuit Courts

The commissioner of accounts properly held a hearing regarding a conservator’s accounting of the decedent’s estate, even though the information prompting the hearing came from a disinterested party. Background Kishna Minor was appointed conservator of Eric Witt Wilder, her incapacitated ...

Tagged with: Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts Wills & Trusts

Even though the testator did not sign a codicil to his will, clear and convincing extrinsic evidence shows that he intended to add to, or change his will. Overview Asmuth, the decedent, signed his will on Oct. 17, 2018. On ...

Tagged with: Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts Wills & Trusts

Even though the parties’ non-competition contract is enforceable on its face against defendant, who is plaintiff’s former employee, plaintiff is denied a preliminary injunction because it has not shown irreparable harm or that the equities tip in its favor. Background ...

Tagged with: Contract Fairfax Circuit Court Judge Robert J. Smith

A non-compete between a recruiting company and its former senior talent acquisition manager is enforceable, but the company lost its bid for a preliminary injunction because it failed to show all four necessary elements, a Fairfax Circuit judge has ruled. ...

Tagged with: Employment Law Judge Robert J. Smith Noncompete agreements Virginia Circuit Courts

Where a buyer paid the seller an estimated amount of the seller’s tax liability arising from the sale, and the contract provided that either party would pay the other the difference between the estimate and the actual tax liability as ...

Tagged with: Contract Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts

Where plaintiff prevailed on her claim that she was a beneficiary of her ex-husband’s life insurance policy, interest is due on the policy proceeds while the matter was on appeal. However, the letter of credit defendants posted as security for ...

Tagged with: Fairfax County Circuit Court Judge Robert J. Smith Judgments Virginia Circuit Courts

Where a pharmaceutical company sued a newspaper for claims arising from an article about COVID-19 home testing, the newspaper’s demurrer to defamation claims is overruled. Demurrers to claims against the paper’s executives in their personal capacity the paper’s parent companies ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Robert J. Smith Virginia Circuit Courts