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Defamation claims related to COVID-19 tests go forward
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 are sustained as is a claim for tortious interference with a business expectancy. Background “Spring […]
Incapacitated recipient must repay SNAP benefits
Where the Virginia Department of Social Services paid Supplemental Nutrition Assistance Program benefits to an incapacitated person who was not qualified to receive them, the decision to recoup the benefits must be affirmed. Background Mohammed Moosavi is an incapacitated person. He has dementia and a psychotic disorder. This court previously appointed Mohammed’s son, Sadredin, as […]
Privity of contract not required for mechanic’s lien
A general contractor properly recorded a mechanic’s lien against a corporate entity after not being paid in full for designing and building work. The entity’s owners, who contracted with the contractor, cannot seek to have the lien released on the basis that the corporate entity was not in privity of contract with the contractor. Facts […]
Property settlement cannot be enforced
Where husband sent wife a signed property settlement agreement and wife agreed to sign it if husband signed an addendum that contained additional terms, this was a rejection of husband’s offer. Wife’s later acceptance of the original offer did not create a binding contract. Background The parties have no children, own no real estate and […]
Amended complaint sufficiently alleges special relationship
In this case arising from plaintiff’s allegations that another student assaulted her on a school bus, where the court previously sustained a demurrer to plaintiff’s claim that defendant school officials assumed a duty to protect her, the court’s grant of leave to amend did not bar plaintiff from alleging that there was a special relationship […]
Defendant received effective assistance
Where petitioner argues he received ineffective assistance of counsel, the petition is a “reiteration” of arguments presented in his denied motion to reconsider his sentence. As a result, the petition is denied. Petitioner Darman argues that counsel’s performance during sentencing was deficient because he did not present evidence of Darman’s “dysfunctional childhood,” did not present [[...]
Condo owners cannot contest development decision
Plaintiffs, who are individual members of a condominium owners association, lack standing to challenge Fairfax County’s decision to approve defendants’ application to undertake a townhouse development project adjacent to plaintiff’s property. Overview The Dulles Professional Center Condominium Unit Owners Association and three individual members filed a four-count declaratory action to chall[...]
Student’s abuse lawsuit survives demurrer
A private school student who claims she was assaulted by another student on a school bus can try her claim of gross negligence against school officials and seek punitive damages, a Fairfax County judge has ruled. But Circuit Judge Robert J. Smith tossed a claim based on assumption of a duty to protect the alleged […]
Gross negligence claim stated in school assault case
Where plaintiff alleges a classmate sexually attacked her during a school field trip, she has stated a gross negligence claim against defendant school officials. Facts Plaintiff alleges that a classmate, KN, sexually assaulted her on a bus during a school field trip. Defendants Bowley and Rovinsky, who taught at defendant Congressional School, supervised the April […]
Fairfax County license plate readers violate Data Act
The Automatic License Plate Reader system used by the Fairfax County Police Department to collect and store license plate data of non-criminals violates a state data privacy law, a Fairfax County circuit judge has ruled. The decision comes after Judge Robert J. Smith had previously granted summary judgment for the department, finding that license plate […]
License plate reader system violates data act
On remand from the Virginia Supreme Court, the court concludes that the use by the Fairfax County Police Department, or FCPD, of its Automatic License Plate Reader, or ALPR, system violates the Commonwealth’s Governmental Data Collection and Dissemination Practices Act because a link between the license plate number and the vehicle owner’s identity can be […]
Clause in will encouraging divorce violates public policy
Where the decedent’s will excluded one of his sons if he was still married to the same spouse as when the will was executed, this condition encourages divorce and will be struck from the will on public policy grounds. Facts Kevin J. Connolly had four children, including Susan Connolly and Kevin B. Connolly. Connolly opposed […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
