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Judge Thomas D. Horne

Mar 12, 2013

Despite $500 jury award, judge gives consumer lawyer $8K in fees

A Virginia consumer lawyer says a judge’s hefty fee award in an otherwise small-value used car case will encourage lawyers to stand up for consumers even when the stakes are small. Loudoun County Circuit Judge Thomas D. Horne awarded $8,000 to the car buyer’s attorney even though a jury decided the buyer was entitled to […]

Jan 7, 2013

Dismissal Denied for Defamation Claims

A Loudoun County Circuit Court denies a plea in bar filed by defendants to plaintiff’s defamation suit, based on plaintiff’s allegations that defendants arranged for photographs of plaintiff being arrested for embezzlement and for further dissemination of those photos, even though plaintiff, their former residential property manager, was acquitted of the alleged embezzlement. Plaintiff Deanne [...]

Nov 28, 2012

Contract case tests birth-injury coverage

The Supreme Court of Virginia has agreed to consider whether a medical malpractice insurance policy covers a doctor’s failure to participate in the Virginia birth injury fund as promised to the mother. The coverage dispute arises out of an emotionally wrought case where the distraught mother confronted the doctor and his wife, threatening a violent […]

Nov 20, 2012

Codicil Language Gives Widow Property

A Rappahannock County Circuit Court grants a widow’s motion for partial summary judgment recognizing her right to all testator husband’s personal property and real estate “currently” in the testator’s name, interpreted as property owned at the time of the testator’s death. The relevant provisions of the Codicil paragraph 3 state the testator gives to his […]

Sep 10, 2012

Parent Has Standing to Challenge Plan

A Loudoun County Circuit Court upholds defendant school board’s redistricting decision against a challenge by parents unhappy with the change required by the revised attendance zones. While the court acknowledges its awareness that petitioner has obtained a hardship exemption for his child for the coming school year and that his child will be remaining at […]

Sep 10, 2012

School Board’s Redistricting Plan Upheld

Parents of elementary school students lose their challenge to respondent school board’s redistricting decision contending the board exceeded its authority, acted arbitrarily and abused its discretion in adopting new school attendance zones; the Loudoun County Circuit Court dismisses the parents’ petition. Petitioners contend the board inappropriately considered the effect of the proposed plans[...]

Sep 10, 2012

Company Can Add Defenses

A Loudoun County Circuit Court will allow defendant to file an amended “other and further defenses” despite plaintiff’s complaint that it is prejudiced by the late filing in this litigation over the parties’ license agreement; the court previously has granted plaintiff the right to amend its ad damnum and plaintiff may request an extension of […]

Sep 10, 2012

No Interference with ‘Lawful’ Hunting

A Loudoun County Circuit Court dismisses a charge under Va. Code § 29.1-521.1  of interfering with lawful hunting against a man who discharged a gun on his own property adjacent to land where four hunters were hunting birds or other game, as several of the hunters did not have written permission to be on the […]

Aug 17, 2012

Subpoena to Detention Center Quashed

A Loudoun County Circuit Court grants a motion to quash a subpoena duces tecum seeking inmate records from the custodian at the Loudoun County Adult Detention Center; the detention center, as an agent of the commonwealth, is a party to this case. Defendant contends employees of the commonwealth do not automatically qualify as agents of […]

Aug 10, 2012

Sub’s Lien for Site Work Not Enforced

A Loudoun County Circuit Court will not enforce a mechanic’s lien filed by a subcontractor seeking payment for site work and infrastructure improvements on a three-lot subdivision on lands owned by defendant Sycolin Center, after the general contractor filed for bankruptcy. Plaintiff’s Disclosure Statement pursuant to Va. Code § 43-3B claimed a total cost of […]

Aug 10, 2012

Reconsideration OK for Review Committee

A local Historic District Review Committee’s rule allowing reconsideration of an application for approval of a design to build a house in the Village of Waterford, Va., was properly adopted, and the Loudoun County Circuit Court dismisses the applicant’s action for declaratory judgment and mandamus, but will allow her to amend her complaint to pursue […]

Aug 10, 2012

Economic Loss Rule Bars Tort Claims

In a pharmaceutical company’s suit against another drug manufacturer, plaintiff’s claims for breach of fiduciary duty, negligence and negligent supervision in defendant company’s development of a drug in its California lab for FDA approval and large-scale manufacture, a Loudoun Circuit Court says defendant’s duties to plaintiff derive from their contract and the tort claims are […]

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