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Police department complied with grievance requirements
Where petitioner, a former county police officer who was “unsatisfactorily separated from service” following a fatal shooting, alleges that the county executive incorrectly determined that his Step 1 grievance meeting did not comply with certain personnel regulations, the executive’s decisions are upheld. Allegations Shifflett, a former officer with the Fairfax County Police Departme[...]
No deadline extension to file for unemployment benefits
Where the Virginia Employment Commission gave incorrect advice to an unemployment benefits claimant, resulting in a denied claim, petitioner waited too long to appeal the denial after the commission provided her with correct information, including how to perfect her appeal. Background Petitioner filed an unemployment benefits claim with the commission in January 2020. The claim’s […]
Forum selection clause valid despite fraud claim
Where plaintiff alleges defendant misappropriated plaintiff’s leadership materials, plaintiff’s claim for fraudulent inducement of a contract does not defeat a forum selection clause that requires litigation of fraud and misappropriation of trade secrets in a Maryland court. Background Boxer Advisors had a federal government contract and subcontracted with SBI to provide “leadership developm[...]
No appeal of preliminary protective order denial
Where appellant seeks to appeal the general district court’s denial of preliminary protective orders, the circuit court lacks appellate jurisdiction because there is no final order in this matter. Not final “When the Circuit Court exercises its appellate jurisdiction in a de novo appeal from General District Court, an appeal of right exists from any […]
No stacking of coverage for UIM bodily injury
An insurer’s vehicle policies unambiguously prevent stacking of underinsured coverage for bodily injury. As a result, the available coverage for the injured party is limited to $25,000, instead of a greater amount he claims is available. Policies Fafa was involved in a car crash with Herbst. Fafa sued Herbst in a separate action in this […]
Ineffective assistance warrants habeas relief
Petitioner is entitled to have her plea-based petit larceny conviction vacated because counsel did not advise her of the consequences the plea could have on her immigration status. Facts Petitioner, born in El Salvador, became a lawful permanent United States resident in 2015. Her primary language is Spanish. She has an 8-year-old daughter. She was […]
A failure to advise
A Fairfax County judge has overturned a woman’s shoplifting conviction in a decision that highlights a defense lawyer’s obligation to understand the immigration consequences of a criminal plea deal. As a result of an ill-advised plea agreement, a one-time lawful resident faced possible removal proceedings that could separate her from her 8-year-old child. Circuit Judge […]
No-fault divorce statute applied to same-sex couples
Virginia Code §20-91(A)(9)(a), which allows a husband and wife to obtain a divorce if they live separate and apart without cohabitation and without interruption for one year, applies equally to same-sex married couples. In this case, a same-sex married couple seeks what is commonly called a no-fault divorce under this code provision. The parties disagree […]
No-fault divorce law unconstitutional, judge rules
Once again, a Fairfax County judge has extended rights available under the Virginia Code to a same-sex couple who otherwise would be barred from benefits conferred by state statutes. Circuit Judge Stephen C. Shannon ruled that the two women had standing to seek divorce under terms of Virginia’s no-fault divorce statute, Code § 20-91(A)(9)(a), despite […]
Ripples from Obergefell
The U.S. Supreme Court in 2015, in the case of Obergefell v. Hodges, gave full marriage rights to same-sex couples. This month, in two different courts in Virginia – the Court of Appeals and a Fairfax Circuit Court – jurists faced parenting issues to be decided in the wake of that decision. The appeals court […]
Assisted-conception law unconstitutional
Virginia’s assisted-conception statute, which creates a presumption that a gestational mother’s husband is the father of the conceived child, is unconstitutional as written because it provides parental rights to husbands but not wives, the court held. In 2006, Plaintiff Valerie Appel and Defendant Lynne Celia were joined by a civil union in Connecticut. In 2008, […]
Va. Circuit Courts: Assisted-conception law unconstitutional
Virginia’s assisted-conception statute, which creates a presumption that a gestational mother’s husband is the father of the conceived child, is unconstitutional as written because it provides parental rights to husbands but not wives, the court held. In 2006, Plaintiff Valerie Appel and Defendant Lynne Celia were joined by a civil union in Connecticut. In 2008, […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- 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
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
