Where defendants, who are minority shareholders, have litigated for six years concerning access to plaintiff’s corporate records, defendants cannot invoke an arbitration provision after plaintiff sought declarative and injunctive relief concerning its rights and responsibilities to defendants. Defendants have waived ...

Tagged with: Contract Fairfax County Circuit Court Judge Daniel E. Ortiz Virginia Circuit Courts

Plaintiffs, who are individual members of a condominium owners association, lack standing to challenge Fairfax County’s decision to approve defendants’ application to undertake a townhouse development project adjacent to plaintiff’s property. Overview The Dulles Professional Center Condominium Unit Owners Association ...

Tagged with: Fairfax County Circuit Court Judge Robert J. Smith Real Estate Virginia Circuit Courts

Where the Virginia Housing Development Authority was awarded possession of plaintiff’s property in a district court unlawful detainer action, the doctrines of collateral estoppel and res judicata do not bar plaintiff’s claim that the title is defective. The demurrers as ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Real Estate Virginia Circuit Courts

Where petitioner has named the director of the Virginia Department of Corrections and the chief probation officer in her habeas corpus petition to set aside a drunk driving conviction on the basis of ineffective assistance of counsel, the petition is ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Virginia Code §20-91(A)(9)(a), which allows a husband and wife to obtain a divorce if they live separate and apart without cohabitation and without interruption for one year, applies equally to same-sex married couples. In this case, a same-sex married couple ...

Tagged with: Fairfax County Circuit Court Family Law Judge Stephen C. Shannon Virginia Circuit Courts

A university had a reasonable basis for refusing a student’s request to reclassify her tuition status to that of an in-state resident. She has not overcome the presumption that the acts she claims qualify her for the in-state tuition rate ...

Tagged with: Administrative Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Where plaintiff alleges a classmate sexually attacked her during a school field trip, she has stated a gross negligence claim against defendant school officials. Facts Plaintiff alleges that a classmate, KN, sexually assaulted her on a bus during a school ...

Tagged with: Fairfax County Circuit Court Judge Robert J. Smith Personal Injury Virginia Circuit Courts

Defendant’s attorney must personally pay plaintiff $11,000 as a sanction because of his conduct in this divorce matter. Sanction The matter before the court is entry of a final decree of divorce and plaintiff’s request for an attorney’s fee award. ...

Tagged with: Attorneys Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Virginia is the proper forum for plaintiff’s defamation suit because under the lex loci delicti rule, the cause of action arose where the last act for publishing the allegedly defamatory essay took place; in this case, when a newspaper uploaded ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Bruce D. White Virginia Circuit Courts

Where plaintiff claims defendant marina’s actions caused his boat to sink during a winter storm, the parties’ boat slip lease did not create a bailment, so plaintiff’s cause of action is limited to a claim for breach of contract. His ...

Tagged with: Contract Judge William R Marchant Richmond Circuit Court Virginia Circuit Courts