In a supplier’s suit to enforce a mechanic’s lien against homeowners, the homeowners cannot demur to the suit based on the language of an earlier commercial account application between the supplier of construction materials and the builder for defendants, says ...

Tagged with: Contract Judge Burke McCahill Loudoun County Circuit Court Virginia Circuit Courts

Some Northern Virginia judges and lawyers are taking a fresh look at what had been a routine procedure intended to protect the rights of children when settling their civil claims. In Loudoun and Fairfax Counties, judges have decided that, in ...

Tagged with: Domestic Relations Ethics Fairfax County Circuit Court Judge Dennis J. Smith Judge Jane Marum Roush Judge Thomas D. Horne Loudoun County Circuit Court Virginia State Bar

The 19-year-old decedent was riding an all-terrain vehicle when he encountered a wire cable that the Loudoun County Sanitation Authority had strung across a gravel roadway. Decedent apparently did not see the cable, struck it and died. The gravel road ...

Tagged with: Loudoun County Circuit Court Million-Dollar Settlements Wrongful Death

Based on an aerial photograph and detailed description of the parking lot with through access, open to the public, the area where defendant was operating his motor vehicle was a “highway” under Virginia law, and defendant can be convicted of ...

Tagged with: Judge Thomas D. Horne Loudoun County Circuit Court Traffic Offenses Virginia Circuit Courts

With its approval of a town’s decision to double the rate it charges for water and sewer service that goes beyond the town’s borders, the Supreme Court of Virginia may have set the stage for legislators to revisit the issue ...

Tagged with: Judge Thomas D. Horne Justice LeRoy F. Millette Jr. Loudoun County Circuit Court Municipal Supreme Court of Virginia News

Where there is no record evidence plaintiff had knowledge of, participated in, assisted with or condoned the settlement negotiations conducted by his attorney of his personal injury claim, a Loudoun Circuit Court will set aside the settlement and set the ...

Tagged with: Judge Thomas D. Horne Loudoun County Circuit Court Negligence Virginia Circuit Courts

Plaintiff, who was formerly an emergency medical technician, encountered a severe accident that happened only moments before on Fairfax County Route 28. He offered assistance to the trooper, who accepted and instructed plaintiff to care for the barely conscious victim. ...

Tagged with: Loudoun County Circuit Court Personal Injury

Water wars are being waged in Virginia localities, and the Supreme Court of Virginia is poised to dip a toe into the murky depths. Residents of Virginia counties often pay more for water and sewer service than do the residents ...

Tagged with: Fairfax County Circuit Court Judge R. Terrence Ney Judge Thomas D. Horne Loudoun County Circuit Court Municipal Supreme Court of Virginia News

A couple’s 1988 property settlement agreement is interpreted by a Loudoun County Circuit Court to provide wife only with a share of husband’s earned pension benefits acquired as a result of his employment with the Fairfax County’s Educational Employees Supplemental ...

Tagged with: Domestic Relations Judge Thomas D. Horne Loudoun County Circuit Court Virginia Circuit Courts

Although petitioner’s Virginia lawyer provided constitutionally deficient counsel when he misrepresented New Jersey law by telling petitioner that “New Jersey can’t use [her] Virginia case against” her in New Jersey, and petitioner has shown the necessary prejudice under Strickland v. ...

Tagged with: Criminal Judge Thomas D. Horne Loudoun County Circuit Court Virginia Circuit Courts