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Loudoun County Circuit Court

May 20, 2016

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 […]

May 16, 2016

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 […]

May 16, 2016

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 […]

May 4, 2016

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 […]

Sep 29, 2015

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 […]

Sep 29, 2015

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 […]

Sep 11, 2015

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 […]

Aug 17, 2015

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 […]

Apr 17, 2015

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. […]

Apr 13, 2015

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 […]

Dec 19, 2014

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 […]

Nov 13, 2014

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 […]

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