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Judge Stephen C. Shannon

Feb 7, 2018

Shareholder used company finances for personal expenditures – $1,029,655 Verdict

Defendant Amy Ross was a 50 percent shareholder of Design Works Interiors Inc. and the president of the company. The other fifty percent shareholder was Leslie Sargent. Ross and Sargent were close friends. Over a period of seven years, Ross began an ever increasing pattern of personal spending from Design Works Interiors Inc.’s bank accounts […]

Nov 20, 2017

Retainers – Advanced Payment of Fees and Expenses – Property of Client

Allen Corporation of America Inc. v. Zayas; Miles & Stockbridge P.C., Garnishee (VLW No. 017-8-098, 6pp.) (Shannon, J.) Fairfax Cir.Ct. CL-2017-07300 Holding: Where the garnishee-law firm held for the defendant-judgment debtor a retainer fee in trust as security for the payment of future fees, the trust remains the property of the judgment debtor until the […]

Jul 28, 2017

Court Dismisses Minors’ Claims Signed by Parents

In plaintiffs’ pro se trespass and nuisance suit against their neighbors, the Fairfax Circuit Court grants defendants’ motion to dismiss claims of the minor children, as the parents’ signatures on the complaint do not comply with Virginia pleading requirements. Plaintiffs allege defendants allowed a fence that borders plaintiffs’ property to fall into disrepair, and the […]

Jun 13, 2016

No Jurisdiction Via Virginia Servers

A Fairfax Circuit Court does not have per­sonal jurisdiction over a Tennessee resident who allegedly defamed a Virginia resident on an online game site that uses Amazon Web Services servers located in Northern Virginia; without any indication that de­fendant knew the game site used a Virginia server, the alleged facts do not show defen­dant purposefully […]

May 23, 2016

No Immunity in Suit Alleging Patient Infection

An obstetrical practice sued after its staff member allegedly infected a newmother with a streptococcus infection is not immune from a medical malpractice suit under a statute that grants immu­nity from claims related to disclosure of confidential information involving an in­fectious incident, a Fairfax Circuit Court holds in a case of first impression. The Virginia […]

May 16, 2016

No Immunity in Suit Alleging Patient Infection

An obstetrical practice sued after its staff member allegedly infected a newmother with a streptococcus infection is not immune from a medical malpractice suit under a statute that grants immu­nity from claims related to disclosure of confidential information involving an in­fectious incident, a Fairfax Circuit Court holds in a case of first impression. The Virginia […]

May 6, 2016

Staff infection: Patient claims medical worker spread illness

A new mother can sue an obstetrical practice for allegedly infecting her with streptococcus during treatment by an infected staff member, a Fairfax Circuit Court has ruled. In May 2013, the mother fell ill after her discharge from the hospital. Several days later, she was admitted to a critical care unit suffering from “significant sepsis,” […]

Oct 6, 2015

HOA Seeks Fire Code Violation Review

A Fairfax Circuit Court denies a homeowners association’s petition requesting the State Building Code Technical Review Board to review the HOA’s citations for local fire code violations following a final determination by a Local Board of Fire Prevention Code Appeals; although some groups charged with violating local fire code regulations have access to the TRB […]

Sep 28, 2015

Patient coded multiple times during placement of catheter – Defense Verdict

Decedent, age 60, was admitted to Inova Fair Oaks Hospital on June 20, 2012, with an infected hemodialysis catheter. Her medical history was significant for two failed kidney transplants, longstanding dialysis use (15 years), coronary artery disease and hypertension. Because of her years of dialysis and diseased and scarred vasculature, the decedent had one remaining […]

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