Free Newsletter
Judge’s notes find a home at law library
Once Robert “Pat” Doherty determined to study law, very little escaped his notice. Or his pen. Not only did Doherty take comprehensive notes during law school and, later, during 18 years on the Virginia trial court bench, he also kept nearly every set of notes he authored. Those notes, from law school and from his […]
Lot Description Has ‘Scrivener’s Error’
Although the scrivener’s error exception is to be narrowly construed in allowing any changes to language in a contract or other document, on this record, the Roanoke County Circuit Court will apply the exception to a deed of trust to correct the Lot Number of a parcel from “Lot 1” to “Lot 15.” A scrivener’s […]
Custody Change Back to Mom in Virginia
Although the court has great respect for the opinion of the guardian ad litem, who recommends that two boys, ages seven and five, remain in the custody of the father who moved them to Pennsylvania, the Roanoke County Circuit Court orders physical custody returned to the mother in Roanoke, as the court finds the father […]
Fairfax needs judges
Lawyers and legislators from various Virginia locales, including populous Fairfax County, say Gov. Bob McDonnell missed the mark when he proposed money to fill certain judgeships. The governor overlooked areas badly in need of judicial help, in part because the available caseload numbers are unreliable, Fairfax lawyers say. Other regions – including Arlington, Charlottesville, Roanoke, […[...]
No Maintenance Means Permissive ‘Waste’
A wife who made no repairs to a home the parties owned and which she has lived in during their 17-year separation is assessed a $26,000 devaluation in the property as permissive waste by a Roanoke County Circuit Court. Wife’s expert appraiser, after viewing the premises in detail, described it as being very run down. […]
DSS Wins Fees in Guardian Cases
In light of the Salem Circuit Court’s separate appointments of a guardian and conservator for an elderly husband and wife, after their daughter, a physician licensed in another state, unlawfully dispensed medications to the mother, appeared abusive to her father, and was barred from each parent’s nursing home, the court awards $4,370 in attorney’s fees […]
Ailing Wife Wins Continued Support
In determining spousal support after termination of the parties’ 26-year marriage, a Salem Circuit Court awards wife $2,150 in monthly support, as she is unable to work due to her conditions of lymphoma, diabetes and lupus. Both parties are trying to maintain the standard of living they were accustomed to during marriage. If you take […]
Court Imputes Income to Unemployed Dad
Although a father presented evidence about his attempts to find a job since he was most recently laid off as a mental health counselor, the Roanoke County Circuit Court will impute income of $41,000 per year to the father in awarding child support for the parties’ 15-year-old daughter, and end the parties’ shared physical custody […]
Equitable Estoppel May Halt Statute Of Frauds Bar
In this contract dispute over defendants, a tenant and guarantor, having failed to sign a lease for and departure from plaintiff landlord’s auto recycling business, a Roanoke County Circuit Court says defendants waited too long to file a motion to dismiss, and the landlord may defend against a statute-of-frauds bar by asserting equitable estoppel. Plaintiff […]
Unlicensed Contractor Can Enforce Contract
Although plaintiff builder split his contractor business into two corporations and is still trying to straighten out his licensing issues, his alleged unlicensed status does not void the contract on which he is suing to collect $385,000 in extras on defendants’ custom-built home, and the Salem Circuit Court denies the homeowner’s motion for partial summary […]
Claim Too Late for Unstable Fill Material
A homeowner who sued a lot seller and builder for damages for cracks in the foundation of his home built by builder, allegedly caused by construction on stable fill material and first discovered in 2006, cannot sue defendants a theory of equitable estoppel, says a Roanoke County Circuit Court. The doctrine of equitable estoppel is […]
Rental Agreement Indemnity Clause ‘Unconscionable’
A pre-drafted form rental agreement that required a tenant to indemnify the landlord for damages caused by the landlord’s negligence is a contract of adhesion and unenforceable under the Virginia Residential Landlord & Tenant Act, and a Roanoke County Circuit Court refuses to enforce the agreement against a tenant and his family whose property was […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
