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Loudoun County Circuit Court

Nov 2, 2020

Ex-spouse cannot buy interest in marital home

The court denies defendant’s motion for a declaratory judgment allowing him to buy out his ex-wife’s interest in the former marital home. Overview The parties’ marital settlement agreement, which was incorporated into the final divorce decree on Jan. 19, 2016, provides that “[u]nless otherwise agreed,” the marital home would be listed for sale through a […]

Mar 16, 2020

Police chief sued town, officials after sham investigation – Confidential settlement

Purcellville Police Chief Cynthia McAlister filed suit against the Town of Purcellville, its former town manager, an independent consultant hired by Purcellville, and six current and former Purcellville police officers. Her claims stemmed from her employment, termination and subsequent reinstatement as chief of police in 2017. As pled in the complaint, Alexander Vanegas, the interim […]

Dec 2, 2019

Loudoun jury awards $3.8M in fatal police shooting

Credibility issues undermined a police officer’s defense for the fatal shooting of a 17-year-old boy, according to lawyers who won a $3,810,124.18 verdict from a Loudoun County jury. Despite a Virginia State Police report that found no reason to charge the officer in the youth’s 2016 death, a seven-member jury decided the officer was liable […]

Sep 23, 2019

Court: Loudoun candidate eligible for ballot

Circuit Judge Richard Potter on Sept. 17 dismissed a petition claiming Loudoun County Commonwealth’s Attorney candidate Nicole Wittman, a Republican, was ineligible to appear on the ballot for election in November. The petition was brought on by local Democratic leadership after Wittman was accused of falsifying a residency statement and erroneously stating she was qualified […]

Jun 11, 2019

Owners, agent face bias claims over large family

A judge has allowed a lawsuit to move forward against owners and a rental agent who allegedly balked at renting a home to a large family. The owners reportedly sought extra rent when they learned a family of nine was interested in renting their five-bedroom home in Loudoun County. Liability could turn on whether the […]

Jun 2, 2019

Housing discrimination case moves forward

Plaintiffs can go forward with a suit that alleges defendants interfered with fair housing rights by not renting a dwelling at the advertised price because the family had five minor children. Facts The complaint in this case alleged that the Sabharwals listed their five-bedroom home for rent at $3,750 per month with Tut Taylor & […]

May 28, 2019

Man had seizure, killed woman in head-on wreck – $1 Million Settlement

This wrongful death case settled at mediation two weeks prior to trial with no offers being made until the mediation. On March 7, 2017, the defendant had a medical event that caused him to cross over the grassy median and strike the decedent’s car head on, resulting in her death. The defendant’s passenger described the […]

Apr 29, 2019

‘Reptile theory’

Accusations that so-called “reptile” tactics might crawl out of a federal pothole injury case failed to alarm a magistrate judge this month. Ruling on pretrial motions, the judge declined to impose a protective order governing depositions of corporate officials and he allowed latitude for possible reptile-based questions. The case is one of only a handful […]

Jan 16, 2019

County must defend shop’s claim over sinkhole

A lube shop’s lawsuit against a Virginia county over an obstructive sinkhole is going forward, even though the county claimed the business lacks the standing to sue. The suit arises from a large ground collapse that blocked the main entrance to a Loudoun County shopping center for most of a year. The owner of the […]

Jan 12, 2019

Sinkhole gives rise to condemnation claim

An oil-change company seeking to recover lost profits after access to its business was limited by the county’s alleged unreasonable delay in repairing a sinkhole has sufficiently pleaded an inverse condemnation claim. Overview Plaintiff PM Lube operates an oil change service in a shopping center. Plaintiff sought a declaration that defendant Loudoun County was liable […]

Jan 4, 2019

Questions on process raised on judgeship in Loudoun

What once appeared to be a settled matter – the filling of a vacant Loudoun County judgeship by a consensus candidate – turned into a scramble in December as bar groups evaluated candidates amid concern that a choice may already have been made. When a recommended successor to retired judge Burke F. McCahill stepped aside […]

Sep 7, 2018

Special warranty conveyance preserves interest in condos

A condo developer successfully petitioned to invalidate a subcontractor’s mechanic’s lien on the individual condos after the general contractor reportedly went bankrupt. Though it had sold all the condos, the developer had standing to bring the petition by virtue of the special warranty it included in each conveyance. Background Petitioner Leesburg Building Partners LLC seeks […]

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