A Fairfax judge has declared that when he presides over jury trials of criminal defendants, such trials “shall proceed in a courtroom devoid of portraits in the furtherance of justice.” Fair trial concerns “The Court has before it the question ...

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

Plaintiffs’ post-arbitration communications with defendant’s agent extended the statute of limitations on their Lemon Law claim. Overview After plaintiffs claimed their new Jeep manufactured by FCA had many problems, plaintiff Randel submitted a Customer Arbitration Process Application as part of an ...

Tagged with: Civil Practice Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Defendant doctor’s demurrer to plaintiff’s personal injury claim is overruled because plaintiff has pleaded emotional distress accompanied by a physical injury. Decision “For the purpose of surviving a demurrer, a pleading is ‘sufficient if it clearly informs the opposite party ...

Tagged with: Personal Injury Roanoke City Circuit Court Virginia Circuit Courts

A minor child’s maternal grandparents cannot be appointed as the child’s guardians because her father is alive and has legal custody of the child. Overview Petitioners are the maternal grandparents of a 15-year-old child whose mother died in 2012. She ...

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

Where defendant seeks credit for time served on an unrelated offense while waiting to be sentenced on the matter before the court, his motion is denied because the plain terms of Code § 53.1-187 do not grant the court authority ...

Tagged with: Criminal Fairfax County Circuit Court Judge John M. Tran Virginia Circuit Courts

Where plaintiff seeks to depose a representative of defendant Hickory Hill Retirement Community, defendant’s motion for a protective order regarding some of the deposition topics is denied. Decision “Pursuant to Rule 4:5(b)(6), plaintiff, Matthew Charles Henderson, asked that defendant Hickory ...

Tagged with: Civil Practice Judge Paul W. Cella Nottoway County Circuit Court Virginia Circuit Courts

Where a school principal was indicted for allegedly failing to report suspected child abuse, the charge is criminal in nature. The commonwealth may prosecute the charge and insist on a jury trial. Overview A grand jury indicted defendant, a school ...

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

Where plaintiffs seek to enjoin construction of a distribution center located near their homes, they lack standing to do so because they have not alleged particularized injuries arising from the construction.  Plaintiffs are granted leave to amend their complaint to ...

Tagged with: Civil Practice Hanover County Circuit Court Judge J. Overton Harris Virginia Circuit Courts

Where respondent Fairfax Human Rights Commission issued a subpoena duces tecum for petitioner Capital Investment Advisors relating to racial discrimination in an apartment complex, the court, on the commission’s motion to reconsider, now concludes that the commission has subpoena power when ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Brett A. Kassabian Virginia Circuit Courts

Where plaintiff alleges his employer used a Taser on him and assaulted him in front of other employees, an arbitration agreement he signed as a condition of employment bars a suit alleging workplace torts. Background Defendant Myers, an employee of ...

Tagged with: Civil Practice Fairfax County Circuit Court Virginia Circuit Courts