Loudoun County Circuit Court

Nov 12, 2014

Jilted Fiancé Wins Engagement Ring Return

A woman who broke off an engagement is ordered to return the engagement ring, valued at $46,646 to her former fiancé; the Loudoun County Circuit Court says the majority view in Virginia is that requiring return of a conditional gift such as an engagement ring does not violate Virginia’s Heart Balm Act. Virginia Code § […]

Oct 24, 2014

Wife’s appeal dismissed after husband’s death

A wife who was unhappy with a lump sum settlement under a premarital agreement lost her appeal because she substituted her husband’s estate, not his personal representative, as the party in interest when the husband died after the divorce. Under the Court of Appeals’ analysis, the wife was not pursuing a claim against the property […]

Jul 14, 2014

Let the wine flow: Winery scores win in challenge based on conservation easement

As the number of Northern Virginia farm wineries grows, so do the skirmishes over the size and scope of vineyard operations. The typical battle involves neighbors who say the wine businesses have broken rules designed to limit commercial activity in the community. In a recent Loudoun County court fight, however, a winery faced a challenge, […]

Jul 8, 2014

Extra Operations Did Not Violate Conservation Easement

In this dispute over whether an expansion of activities related to defendant’s vineyard, to include making and selling bread and cheese from a “farm building” on the property, violates a Conservation Easement, the Loudoun Circuit Court says plaintiff wetlands trust has failed to prove defendant violated the Easement; however, the court says holding music festivals […]

Jun 6, 2014

Law firm slammed by client sues Yelp

A Northern Virginia law firm is suing the consumer review site Yelp and a former divorce client for defamation for unflattering comments posted by the client. Other businesses in Virginia have taken Yelp to task – and its users to court – for carrying negative reviews. But a legal action filed by Thomas K. Plofchan […]

Apr 21, 2014

PET scans showed evidence of brain damage after collision – $1,500,000 Verdict

Plaintiff is a Ph.D. research biochemist, 57, who was rear-ended by the defendant. Plaintiff struck his head on the steering wheel but did not lose consciousness. He was, however, extremely confused and dazed at the crash site. He initially treated for orthopedic injuries, but family members began noticing he was having difficulty with memory, confusion […]

Feb 28, 2014

Punitives award of $100K reinstated

Two plaintiffs suffered minor injuries in an auto accident when their vehicle was struck by a drunken driver talking on a cellphone. A jury awarded plaintiff Victoria Coalson $5,600 and plaintiff Michael Stemke $14,000, and awarded each plaintiff punitive damages of $100,000, but the trial judge reduced Coalson’s punitive damage award to $50,000. The Supreme […]

Feb 21, 2014

College student claims she was assaulted by boss after hours – $40,000 Verdict

Plaintiff testified that she was working as a part-time office assistant to a solo practice tax accountant while she finished her college degree. One night, her boss, the defendant, kept her in the office until late at night and then assaulted her by running his fingers through her hair, putting his hands inside her shirt, […]

Oct 25, 2013

Law Firm Auto Policy Can’t Be Tapped

A law firm employee defending a personal injury suit that arose from an auto accident that occurred during his commute from home to work cannot look to the law firm’s insurance policy, even though a jury concluded the employee was using his automobile in the law firm’s business or personal affairs at the time; a […]

Aug 5, 2013

Jury awards $98K for race-based harassment

It all began with a three-foot strip of grass. An African-American man in his 40s wanted to mow the grassy area between his home and the next home in a townhouse complex in northern Virginia. In an attempt to be friendly to his new neighbors, he pulled up the stakes dividing the two property lines […]

Aug 5, 2013

Plaintiff sued neighbors for racial harassment – $98,688 Verdict

This case stemmed from a situation that began when a husband and wife cursed out their neighbor, using patently racist language. This behavior evolved into regular verbal harassment, which was often explicitly racial in nature. Additionally, the wife filed two criminal complaints and a protective order against the neighbor, all of which failed in court. […]

May 14, 2013

Fraud Claim Survives in Modular Home Suit

A plaintiff who alleges shoddy craftsmanship, structural deficiencies and an absence of oversight in the installation of a modular home may pursue her fraud claim against a single defendant, but her other claims are barred by the economic loss rule, says a Loudoun County Circuit Court. Plaintiff alleges that on May 5, 2011, she entered […]