Where a police officer received a report at 2 a.m. that students were “fleeing” from a high school where they had been attending an all-night graduation party, sovereign immunity bars a negligence claim by a motorist who was injured when ...

Tagged with: Fairfax County Circuit Court Judge Randy I. Bellows Negligence Virginia Circuit Courts

Where the amount of the confessed judgment was larger than the amount agreed to in the underlying note, the court lacked jurisdiction to accept the confessed judgment and it is void ab initio. The parties, Forge LLC and Pearson, executed ...

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

Where the Virginia Housing Development Authority bought plaintiff’s home at a foreclosure sale, he has stated a rescission claim by alleging the VHDA knew or should have known of an alleged deed of trust violation when it bought the home. ...

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

The plaintiff in this divorce case must respond to an interrogatory and a request for admission concerning misdemeanor acts of adultery despite invoking his right against self-incrimination. Facts The parties were married in 1996. Plaintiff sued for divorce in January ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge Michael F. Devine Virginia Circuit Courts

Even though the court has suppressed a victim’s identification of defendant at the crime scene, the victim’s subsequent in-court identification had an independent basis and is admissible. Further, there was probable cause to arrest defendant even without the show-up identification. ...

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

A commissioner of sale is personally liable after the net sale proceeds of a marital home in the underlying case were distributed without satisfying petitioner’s lien. The commissioner failed “to file a proper accounting” of all the encumbrances on the ...

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

Where the jury returned a defense verdict in this medical malpractice case, plaintiff’s motion for a new trial is denied because, among other reasons, the jury was correctly instructed on superseding cause, a defense expert’s testimony was properly admitted, and ...

Tagged with: Civil Practice Judge John C. Kilgore Virginia Circuit Courts Wise County Circuit Court

The statute providing for annual review of a defendant’s involuntary confinement after being found not guilty by reason of insanity satisfies due process under Foucha v. Louisiana, 504 U.S. 71 (1992). The statute requires both a showing of mental illness ...

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

Where this court previously dismissed an applicant’s appeal after the Virginia Board of Nursing found her ineligible for an LPN license, on reconsideration, the matter is remanded so the board can address an undecided eligibility argument that she raised in ...

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

Where the parties’ real estate purchase agreement provided that disputes must first be mediated, and that traditional litigation could commence if mediation was unsuccessful, plaintiffs’ suit on the contract must be dismissed because mediation never took place. This is so ...

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