Where plaintiff’s decedent was ejected from defendant bar and beaten outside of the building, the bar is not liable for the injuries. Background According to the allegations in plaintiff’s complaint, plaintiff’s decedent was a patron of a bar called The ...

Tagged with: Judge Everett A. Martin Jr. Norfolk Circuit Court Personal Injury Virginia Circuit Courts

Where a county Board of Supervisors met in closed session and discussed the contents of an ad to replace the county attorney, and also discussed alternatives to the current county attorney set up, the board violated the Virginia Freedom of ...

Tagged with: FOIA Judge Jeffrey W. Parker Rappahannock County Circuit Court Virginia Circuit Courts

A subsidized housing landlord’s unlawful detainer action to evict a tenant is dismissed because the notices required by the U.S. Department of Housing and Urban Development were deficient. Further, the indigent tenant was not required to post an appeal bond ...

Tagged with: Civil Practice Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

A reporter may assert the qualified reporter privilege in response to a subpoena to compel her testimony in this defamation case. Her motion to quash the subpoena is granted. The reporter has obtained confidential and nonconfidential information during her investigation ...

Tagged with: Civil Practice Judge Joi Jeter-Taylor Richmond Circuit Court Virginia Circuit Courts

In these consolidated cases involving multiple vehicle collisions in a construction zone, the issues of negligence, proximate cause and superseding intervening causation will go to the jury. Overview Defendant Lakeside employed Mathis, who was driving the lead vehicle. Plaintiff Gregory ...

Tagged with: Civil Practice Judge Fredrick A. Rowlett Virginia Circuit Courts

Where a maintenance contract was referenced in the complaint, a motion craving oyer of the contract is denied. Oyer developments Plaintiff referenced a maintenance contract in a complaint against a homeowners association and other defendants. PLM, a maintenance contractor and ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where Fairfax County taxed Cox Communications’ gross receipts of internet access fees under the commonwealth’s Business, Professional, and Occupational License tax, this was error because the federal Internet Tax Freedom Act preempts the BPOL tax. It is the county’s burden ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Grace Burke Carroll Virginia Circuit Courts

The plain terms of the parties’ software migration contract defeat plaintiff’s claim that it is entitled to a minimum payment of $11.1 million. Defendant’s demurrer is sustained with prejudice. Background Agile Defense obtained a government contract to migrate U.S. Air ...

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

A healthcare provider has a private right of action under a statute that requires medical insurers to pay for emergency care without prior authorization regardless of whether the provided emergency services are in-network or out-of-network. The insurer’s demurrer to the ...

Tagged with: Fairfax Circuit Court Insurance Judge Richard E. Gardiner Virginia Circuit Courts

In this case arising from plaintiff’s allegations that another student assaulted her on a school bus, where the court previously sustained a demurrer to plaintiff’s claim that defendant school officials assumed a duty to protect her, the court’s grant of ...

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