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Client’s Legal Malpractice Claims Advances
A Loudoun County Circuit Court denies cross-motions for summary judgment filed by the parties in a suit alleging defendants committed legal malpractice in asserting a claim for the spousal elective share by filing a counterclaim against decedent’s estate in the estate’s suit for aid and direction. This matter concerns the actions of defendants during the […]
Nonresident Son Could Not Challenge Search
A defendant who did not live in the house belonging to his mother and her husband – who did not know he had gained access to and was hiding in their attic when police came to execute an arrest warrant for defendant – has no standing to challenge the officers’ entry and the Loudoun County […]
Stop Not Justified by Yellow- Line ‘Touching’
Although a police officer testified that defendant appeared to be driving over the posted speed limit when he first observed him at 3:00 a.m., the driver’s “isolated acts of slight drifting” to “touch” the yellow line twice over a one-mile distance were not sufficient to justify the traffic stop, and the Loudoun County Circuit Court […]
HOA May Challenge Outdoor Lighting
In a homeowners association’s challenge to the Board of Zoning Appeals’ decision that the outdoor lighting on an adjacent Sportsplex complex of playing fields does not violate the county zoning ordinance’s light and glare standards, a Loudoun County Circuit Court says landowners who had notice of the Zoning Determination and failed to timely appeal to […]
No Joinder of Neighboring Owners
In this lawsuit by the owners of landlocked lots seeking an easement over defendant neighbor’s property, a Loudoun County Circuit Court denies defendant’s motion to join other lot owners in the subdivision and neighboring properties that once were part of a 62-acre parcel, in order to gain more control over placement of any access route […]
Landlocked Lots Win Public Road Access
Plaintiff family members who own several lots that were once part of a 62-acre parcel with defendant’s contiguous lot have established an easement by necessity to gain access over defendant’s property to reach the nearest public road, a Loudoun County Circuit Court holds. Plaintiffs are members of the Eaton family, who own three contiguous lots […]
Charges tossed amid claims of prosecutor misconduct
After defense lawyers argued prosecutors unfairly influenced a grand jury, a Fauquier County judge dismissed seven felony charges against a former attorney accused of misappropriating client money. Prosecutors then withdrew two felony charges of making false statements on tax returns. The action Aug. 18 left no charges pending in Fauquier County against former lawyer Lorenzo […]
Driver killed after swerving to avoid oncoming truck – $2,900,000 Settlement
The decedent was killed as a result of a motor vehicle collision that occurred on Route 15 in Leesburg. The defendant’s commercial truck crossed into the oncoming lane of travel. While there was no contact with defendant’s vehicle, the plaintiff was prepared to prove that the sole proximate cause of the collision was the negligent […]
Lawyer can’t tap firm’s auto policy for accident
A Washington lawyer who did some legal work at his Virginia home was nonetheless not covered by his law firm’s auto insurance policy for an accident on the way to the office that left another man seriously injured. The decision came April 16 from the Supreme Court of Virginia. The court’s opinion is Bartolomucci v. […]
Jury awards $662k in excessive force case
A Loudoun County man’s five-year battle to recover damages for a violent confrontation at his home produced a $662,500 verdict against three sheriff’s deputies. Marcus Mial claimed officers violated his rights in 2010 when they stormed into his home and shocked him with a Taser, even though he called off his earlier request for police […]
Rehab hospital patient was at risk due to cognitive deterioration – $1,150,000 Verdict
Plaintiff’s decedent was 69 years old, working successfully as a stockbroker and independent in all activities of daily living. On Nov. 1, 2010, the decedent was admitted to the hospital with complaints of double vision, dizziness and unsteady gait. Although a cause was never determined, the double vision and dizziness improved over the next seven […]
Accident victim seeks access to firm’s liability policy
The Supreme Court of Virginia has agreed to consider whether a lawyer is on the job and covered by his law firm’s insurance when he’s driving to work with his cellphone ready for work-related calls. The outcome could determine whether a man injured in a 2009 car crash can tap into the law firm’s $1 […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
