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Judge Thomas D. Horne

Jul 30, 2012

Remittitur Ordered After Land Transfer

In this dispute over property the parties formerly held as joint tenants with right of survivorship, the Loudoun County Circuit Court denies plaintiff’s request for rescission of her conveyance of her interest to defendant and orders a remittitur that requires defendant to pay plaintiff $20,000, instead of the $50,000 a jury said in 2008 that […]

Jul 30, 2012

County Tax Assessments Upheld

A Loudoun County Circuit Court denies an owner’s request for correction of the 2010 tax assessments on four contiguous parcels of land, both improved and unimproved, in the town of Leesburg, that the owner recently valued as one parcel for purposes of a transfer to a related entity. The owners says the assessments of the […]

Jul 30, 2012

Discovery Ordered in Inverse Condemnation

A Rappahannock County Circuit Court declines to strike Dominion Virginia Power’s defenses to a landowner’s action for inverse condemnation, but orders respondent to supplement its discovery responses. The owner’s counsel requested respondent to furnish certain data respecting both a calculation of the maximum electrostatic induction to the largest vehicle that may pass under two transmission[...]

Jul 30, 2012

No Equitable Estoppel for Homeowners’ Claim

Homeowners who had a new home built in 2003 and allege they had problems with the HVAC system as soon as they occupied the home in 2004 waited too long to sue the builder and HVAC subcontractor for breach of contract, unjust enrichment and negligence, injury to property; a Loudoun County Circuit Court says defendants […]

Jul 30, 2012

Plaintiff May Depose School Officials

In this suit against a school board, the Loudoun County Circuit Court grants petitioners leave to depose the school system’s director of planning & legislative services and its director of special education, but denies the request to depose four additional persons. The court finds with respect to the four interrogatories objected to, that the petitioners’ […]

Jul 30, 2012

Use of Codefendant Tape Violated Edwards

A defendant’s statement – “Oh he’s going to put this all on me” – made in response to hearing a tape recording of a codefendant’s statement is suppressed by a Loudoun County Circuit Court; the statement was obtained after defendant had invoked his right to counsel when approached by officers of the Loudoun County Sheriff’s […]

Jun 22, 2012

NoVa wants more say on court study panel

Northern Virginia lawyers and legislators are pushing for more representatives from their region on the committee that will oversee a study of how judges should be allocated in Virginia. The Fairfax Bar Association and 31 General Assembly members have sent separate letters to Chief Justice Cynthia D. Kinser asking her to appoint additional members from […]

May 8, 2012

Arbitration Award Subject to Res Judicata

A Loudoun County Circuit Court reconsiders its earlier denial of a motion to stay arbitration in this litigation over a contract involving road construction, and grants defendant’s motion to stay arbitration proceedings; under Va. Code § 8.01-581.012, a judgment confirming an arbitration award is to be treated like any other judgment, including the application of […]

Mar 1, 2012

Noncompete Case Prompts Second Look

A Loudoun County Circuit Court reconsiders its earlier decision in this franchisor/franchisee contest, in light of the Home Paramount case, and decides the noncompete and nonsolicitation provisions in the parties’ agreement cannot be enforced. Central to consideration of the instant motion are the noncompetition provision of the Area Franchise License Agreement entered into by the […]

Jan 30, 2012

Association Can Collect for Litigation Costs

Although defendant homeowners challenge plaintiff homeowners association’s right to collect dues assessment to support litigation by the association, the Loudoun County Circuit Court upholds action by the association board of directors that led to the assessments, and enters judgment for the association against the individual homeowners, except for the association’s request for 18 percent inte[...]

Jan 30, 2012

No Fees for Conspiracy Defense Win

Although counterclaim-defendants won on Diamond Information Systems’ counterclaims alleging misappropriation of trade secrets and business conspiracy, a Loudoun County Circuit Court says they are not entitled to attorney’s fees, nor are they entitled to $13,599 in transcript costs; the court awards only $414 in costs to the winning parties. Plaintiffs Neeraj Bhagat and Peak State […]

Dec 12, 2011

Looking back on 2011: The year in legal news

The reversal of a 20-year-old noncompete case lead the case news from Virginia Lawyers in 2011. Much of the first half of year featured news from the General Assembly. Officials at the Virginia State Bar sparred with legislators over $5 million that Gov. Bob McDonnell wanted to take. And the Hernandez case – which allowed […]

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