Opinion Digests
Insurance - Fire Loss - Business Interruption - Statutory Appraisal - Arbitration
By Deborah Elkins
August 19, 2008
When an insulation plant squared off against its insurance carrier on a claim for business interruption loss after a fire, each side’s complaints about the other’s “disinterested” loss appraiser under Va. Code § 38.2-2105 cancelled each other out, and an Alexandria U.S. District Court rejects denies cross-motions to disqualify both independent experts.
Tiger Fibers LLC v. […]
Contract - Government Contract – Subcontractor Claim – Arbitration
By Deborah Elkins
August 18, 2008
In a case of first impression under Virginia law, a Fairfax Circuit Court grants the motion of defendant non-signatories to a government subcontract to compel arbitration of the 17-count law suit filed by plaintiff subcontractor who alleges it did not receive pass-through payments it was entitled to under the subcontract.
Decisive Analytics Corp. v. Chikar (Fairfax […]
Consumer Protection - Lottery Proceeds - Loan Collateral
By Deborah Elkins
August 18, 2008
On remand from the Supreme Court of Virginia, a Fairfax Circuit Court applies Utah law to construe a loan agreement in which a Virginia State Lottery winner pledged her winnings as collateral for a loan, and because Utah does not recognize an affirmative defense of usury and had a default rate of prejudgment interest […]
Domestic Relations - Fraud On Court - Divorce Decree Vacatur
By Deborah Elkins
August 18, 2008
A Fairfax Circuit Court vacates a final divorce decree because wife falsely attested to the court that she could not locate defendant husband despite her diligence in attempting to locate him, when in fact wife routinely communicated with husband while the divorce action was pending.
Wife testified she never formally attempted to serve husband with […]
Domestic Relations - Cruelty - Equitable Distribution - Family Dog
By Deborah Elkins
August 18, 2008
Although wife alleges multiple acts of domestic violence by husband, she had corroborating evidence for only one incident in 2006, and the Fairfax Circuit Court declines to award a divorce on the ground of cruelty based on the single incident.
Here, the evidence established that wife only sustained minor injuries from the Feb. 2, 2006 assault. […]
Administrative - School District Boundaries – Judicial Review
By Deborah Elkins
August 18, 2008
Even assuming petitioners have standing to challenge defendant Fairfax County School Board’s school boundary adjustment decision for five schools, the Fairfax Circuit Court dismisses the petition because petitioners have now shown that the school board exceeded its authority, acted arbitrarily or capriciously, or abused its discretion under Va. Code § 22.1-87.
Petition for review denied.
Pascale v. […]
Employment - Teacher - County Grievance Procedure - Conditional Rehire
By Deborah Elkins
August 18, 2008
A Fairfax Circuit Court holds that a county school teacher can use the grievance procedures for board of education employees under 8 VAC 20-90-10 to challenge her conditional reappointment as a result of a performance evaluation.
The question for the court is whether the county teacher has the right to grieve the substance of a performance […]
Contract - Government Contract - Subcontractor Claim - Arbitration
By Deborah Elkins
August 18, 2008
In a case of first impression under Virginia law, a Fairfax Circuit Court grants the motion of defendant non-signatories to a government subcontract to compel arbitration of the 17-count law suit filed by plaintiff subcontractor who alleges it did not receive pass-through payments it was entitled to under the subcontract.
Defendants argue that pursuant to Va. […]
Attorneys - Legal Malpractice - Habeas Counsel
By Sarah Rodriguez
August 18, 2008
A plaintiff’s lawsuit alleging legal malpractice by the lawyer who represented him on a habeas petition is dismissed by the Fairfax Circuit Court because plaintiff client has not demonstrated that he obtained any post-conviction relief.
Also, plaintiff has not alleged he was actually innocent of the crimes for which he was convicted, nor has he […]
Real Estate - Church Property - Episcopal Church Split - Motion To Intervene
By Deborah Elkins
August 18, 2008
In a July 17, 2008, decision the Fairfax Circuit Court grants the Commonwealth of Virginia’s motion to intervene for the limited purpose of defending the constitutionality of Va. Code § 57-9(A), which the court has held applies to this dispute over church property between the Episcopal Diocese of Virginia and the national church, and 11 […]
Zoning - Junk Yard Clearance - Consent Decree
By Deborah Elkins
August 18, 2008
Property owners who entered into a 2007 consent decree with the Fairfax County Zoning Administrator to clear their property of “junk yard” debris within 60 days or be subject to a $100-a-day fine for noncompliance, and who received several extensions on the time for compliance, are sanctioned $3,500 for their delay in compliance by the […]
Domestic Relations - Support Change - Mortgage Banker
By Deborah Elkins
August 18, 2008
Although husband claims a recent decline in the mortgage and housing industry has negatively affected his income, imputed to be $340,000 at the time of the parties’ 2002 divorce decree, husband owns a number of properties and the Fairfax Circuit Court on reconsideration again declines to modify husband’s monthly child support obligation of $3,962 for […]
Commercial - Car Dealership - Franchisor Relations - Vehicle Allocation - Damages
By Deborah Elkins
August 18, 2008
Although plaintiff, a Springfield Toyota dealership, won a default judgment against defendant, who allegedly caused problems between the dealership and Toyota by telling Toyota the dealership’s lease with a family partnership was invalid and threatening to sell the land to a competitor of Toyota, a Fairfax Circuit Court holds that plaintiff dealership has failed to […]
Domestic Relations - Equitable Distribution - Military Wife - Negative Non-monetary Contribution
By Deborah Elkins
August 18, 2008
A military wife whose conduct “interfered with her husband’s career and delayed his advancement to command” made a “negative non-monetary contribution” to the parties’ marriage, a Fairfax Circuit Court says, but given the parties’ conflicting claims of adultery and each side’s request for an equal split, the court divides the property and makes no monetary […]
Domestic Relations - Termination Of Parental Rights - Poverty Discrimination
By Deborah Elkins
August 18, 2008
The Court of Appeals upholds termination of defendant’s parental rights to three of his children, despite father’s claim that he was being unfairly penalized because of his poverty in violation of his constitutional rights; nothing in the record shows that the father, a convicted felon, ever made any attempt to provide for any of the […]
Domestic Relations - Termination Of Parental Rights - Student Intern Signature
By Deborah Elkins
August 18, 2008
A mother cannot overturn the termination of her parental rights on the ground that the petition for termination filed by social services was signed by a student intern rather than asocial worker, and the Court of Appeals affirms the termination order.
Clayton v. Alexandria Dep’t of Human Servs. (Kelsey, J.) No. 2819-07-4, July 22, 2008; Alexandria […]
Domestic Relations - Termination Of Parental Rights - Due Process
By Deborah Elkins
August 18, 2008
The Court of Appeals upholds termination of a father’s parental rights to his son under Va. Code § 16.1-283(B), as he only challenged the evidence to support termination under Code § 16.1-283(C)(2).
Carr v. Pulaski County Dep’t of Social Servs. (Per Curiam) No. 0153-08-3, July 22, 2008; Pulaski County Cir.Ct. (Gibb) Michael J. Sobey for appellant; […]
Workers’ Comp - Termination For Cause - Procedural Default
By Deborah Elkins
August 18, 2008
A school board has defaulted its arguments on appeal that claimant school board employee was terminated for cause, and the Court of Appeals affirms a decision of the Workers’ Compensation Commission awarding benefits to claimant.
City of Norfolk School Board v. Mitchell (Millette, J.) No. 0253-08-1, July 22, 2008; Workers’ Comp. Comm’n; Joan E. Mahoney, Dep. […]
Search & Seizure - Delayed Investigative Detention - Rule 5A:18
By Deborah Elkins
August 18, 2008
A defendant’s conviction for possession of a controlled drug is affirmed by the Court of Appeals; although defendant contends on appeal that the delayed investigative detention by police violated his Fourth Amendment rights, in the trial court, he only objected to the search on the basis that the initial detention was illegal.
Any violation of defendant’s […]
Criminal - Severance - Theft Charges
By Deborah Elkins
August 18, 2008
The Court of Appeals upholds defendant’s convictions for grand larceny, statutory burglary and unauthorized use of a motor vehicle, despite his claim that the trial court erred in not granting his pretrial motion to sever the charges for separate trials.
The evidence established that three burglaries took place in Fairfax County during the course of a […]
IMPORTANT OPINIONS
- Insurance - Fire Loss - Business Interruption - Statutory Appraisal - Arbitration
- Contract - Government Contract – Subcontractor Claim – Arbitration
- Consumer Protection - Lottery Proceeds - Loan Collateral
- Domestic Relations - Fraud On Court - Divorce Decree Vacatur
- Domestic Relations - Cruelty - Equitable Distribution - Family Dog
- Administrative - School District Boundaries – Judicial Review