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Fairfax Family Law Blog

United States Fourth Circuit Court of Appeals Rules in Favor of Landowners on Interstate Land Sales Act Issues

  • 14
  • May
    2012

Keith and Courtney Nahigian thought they were receiving a great deal back in the summer of 2007 when they purchased property in a Loudoun County community called Creighton Farms. Little did they know it was just the beginning of a five year litigation process that would make new law regarding land sales.

The Nahigians were looking for a good investment opportunity and for a great place to raise a family. Creighton Farms, which held itself out as a "Ritz-Carlton Managed Community" promised to have all the amenities. From golf to a "Ritz kids" day care center, from horse-back riding to a state-of-the art clubhouse, Creighton Farms was to have it all. The Nahigians were promised that Ritz-Carlton was partnered with the developer, Juno-Loudoun, LLC for thirty years. However, in the spring of 2009, Ritz-Carlton picked up and left.

The Nahigians demanded an explanation as to why Ritz-Carlton would leave well short of its thirty year commitment to Creighton Farms. It was only then that they learned that no such commitment existed.

Watch for Toxic Chemical Exposure during Spring Cleaning

  • 14
  • May
    2012

With the start of spring comes blooming flowers, rising temperatures and spring cleaning. Cleaning products, however, can be more dangerous than some would think. The Environmental Protection Agency puts cleaning products among the five most common ways children are exposed to toxic chemicals.

There are 21 New York groups that are urging a prominent New York environmental group to take action in the enforcement of a law that has been on the records for 40 years. The law requires disclosure of the harmful chemicals that are found in cleaning products, but enforcement is weak.

Virginia Enacts Internet Tax for 2013

  • 30
  • April
    2012

While it might be good for local businesses and shopkeepers on Main Street, many citizens of Virginia may not be as pleased with the possibility of their Amazon purchases (and some other online retailers) suddenly increasing a few percentage points.

The bill, SB597, would require all Internet retailers with a physical presence in Virginia that relates to the products they sell, would need to collect sales tax purchases made in the state. This bill is one of the many recent laws affecting Virginia businesses and consumers.

Substantial Nexus

Because each of the 50 states is a sovereign entity, they cannot require an out-of-state retailer to collect a tax on a sale made out of state, absent a substantial nexus.

If a Virginia resident drives across the state line and buys an item in Maryland, Virginia cannot require the Maryland business to collect tax on the sale, as it has no nexus with the Maryland business.

Similarly, the Commonwealth of Virginia cannot require an out-of-state retailer to collect sales tax on products sold to Virginia residents, absent some nexus with the Commonwealth.

CHILD SUPPORT MODIFICATIONS: Court-Approved and Self-Executing

  • 24
  • April
    2012

For most parents who are obligated to pay child support, there will likely come a time that the amount of child support they are obligated to pay will need to be revisited. There are many examples of circumstances that may give rise to a child support modification-involuntary reduction in income, emancipation of a child, changes in visitation-to name just a few. It is important to be aware of the law regarding child support modifications and how to ensure that the modifications are enforceable and valid.

Generally, a modification of child support occurs by the agreement of the parties or through a court proceeding. If the new child support amount is obtained through a court proceeding, the resulting order will be a valid and enforceable modification. However, it may surprise you to learn that an agreement between parties to revise child support will not be considered a valid and enforcement modification and will not alter the terms of the original order of support. A party who relies on the validity and enforceability of a written agreement may be exposed to substantial financial ramifications. The current law in Virginia requires that modifications of child support be court-approved before it is a valid and enforceable child support modification (with one exception addressed more fully below). And, because child support payments vest as they become due, a court will not have authority to modify child support retroactively unless a motion to modify child support is pending.

"Defensive Medicine" and Realities of Medical Malpractice

  • 06
  • April
    2012

Recently, someone I know went to a local emergency room with a migraine headache. This person is a longtime migraine sufferer who on occasion seeks treatment at the ER. The ER physician ordered a CT scan, which the patient declined. The physician readily agreed that a CT scan was not really necessary given the long standing migraine headache history and cancelled the test.

Why order the test in the first place? It's a practice known as "defensive medicine." Defensive medicine is defined by different people in different ways, but the bottom line is that some physicians would prefer to order expensive and unnecessary tests than risk a lawsuit over some rare, undiagnosed condition. In other words, it's better to be safe than sorry, which is certainly a good adage. The application of defensive medicine seems to be a reality of medical practice today.

In the Future, DNA Samples May Be Required For All Crimes

  • 30
  • March
    2012

The justice system has many tools to convict criminals, but only one has seen great advances over the past decade and identifies criminals with "incredible accuracy," according to The United States Department of Justice. Although the use of DNA samples is clearly a valuable tool, particularly in exonerating the falsely accused, using it for minor criminal infractions presents questions of privacy violations.

How DNA Samples are Used

Generally, these samples can be used in two ways:

  • Compare crime scene evidence with specific suspect
  • Enter crime scene evidence into DNA database to find perpetrator

The DNA database was established in the 1980s by the federal government. It provides for national, state and local storage and exchange. Investigation potential is growing with The Combined DNA Index System (CODIS) as states continue to pass laws requiring offenders of certain crimes to provide DNA Samples.

Understanding the Basics of Homeowners' Rights, Rules, and Regulations

  • 26
  • March
    2012

In recent years, property owners' associations in Virginia (commonly called "homeowners' associations") have come to wield significant powers to regulate, control, and even punish members for violating rules. While associations' powers have expanded significantly, property owners' associations are NOT fully self-governing communities or self-governing democracies. Rather, they have limited powers which they acquire from the consent of their members, and similarly, homeowners have important rights. Understanding your rights and responsibilities as a homeowner is crucial to avoid conflicts which would be detrimental to your use and enjoyment of your home.

Note: This article discusses rules and regulations of homeowners' associations only. It isn't intended to address other forms of ownership, such as condominiums ("condos"), leases, landlord-tenant relationships, etc.

Driving With Friends Can be Hazardous to a Teen's Health

  • 14
  • March
    2012

According to a recent study, the biggest danger to a teen driver's life may occur while he or she is giving a friend a lift. The study concluded that a teen driving with a couple of friends in the car can triple a teen's risk for a fatal auto accident.

The study, conducted by the Center for Injury Research and Prevention found from a survey of 198 teen drivers, that only a minority of teens said that they were likely to drive with friends. The drivers that said that they were likely to drive with many friends also described themselves as thrill-seekers and risk takers.

These teens also said that their parents did not regularly keep track of their driving activities or set rules on driving. They were also more likely to be unaware of the dangers of risky driving.

Expansion of Virginia Protective Order Laws

  • 13
  • March
    2012

As of July 1, 2011, significant modifications went into effect governing the law of protective orders in Virginia. The Virginia General Assembly has now made protective orders available to a wider class of victims and has also expanded the conduct that may result in a protective order being issued. The changes to the law were implemented after Virginia faced criticism of its domestic violence prevention laws following the widely publicized death of Yeardley Love, a former student and lacrosse player at the University of Virginia.

Court: GPS Tracking Is a "Search" Under the 4th Amendment

  • 29
  • February
    2012

Contained in the Bill of Rights is the 4th Amendment to the Constitution. This amendment protects people from "unreasonable searches and seizures" by the government. Essentially, this means that before a law enforcement or other governmental agency is able to "spy" on you, they have to go before a judge to obtain a warrant by providing good reasons for why they should be able to do so.

From popular "crime and punishment" television and movies, most people understand this amendment to protect them from law enforcement officers entering their homes or placing wiretaps on their phones without a warrant, and this is true. But what can be considered a search may be much broader than these two situations.

  • $12,000,000 Judgment relating to fraudulent investment scheme.
  • $4,800,000 Fairfax County Jury verdict against fireworks company for negligent production of commercial fireworks display resulting in catastrophic injuries.
  • $3,600,000 Fairfax County jury verdict in favor of firefighter who suffered permanent disabling injuries.
  • $3,500,000 Settlement of head-on collision resulting in severe orthopedic injuries and brain injuries to Ph.D candidate.
  • $2,000,000 Value of rescission awarded to purchaser due to luxury developer's violation of Interstate Land Sales Full Disclosure Act.
  • $1,150,000 Settlement of case involving brain injury to passenger riding in commuter van on I-395.
  • $1,100,000 Judgment awarded against husband who obtained multiple mortgages on joint property without wife's consent.
  • $1,150,000 Settlement of case involving amputation of arm following negligence.
  • $980,000 Settlement of case involving brain injury to 13 year-old child.
  • $950,000 Settlement of case involving misdiagnosis of child abuse instead of osteogenesis imperfecta (brittle bone disease).
  • $834,000 Jury verdict against a notorious foreclosure rescue scammer for violations of Virginia Consumer Protection Act, Virginia Credit Counseling Act,  and fraud.
  • $750,000 Back injury from car accident.
  • $700,000 Jury verdict for fraud arising from sale of securities in bogus Montana mining venture.
  • $650,000 Settlement of medical malpractice matter.
  • $480,000 Settlement of wrongful death case involving health care neglect in prison.
  • $450,000 Settlement of death of child who drowned in pool.
  • $330,000 Judgment awarded to tenant for inventory damage from defects in shopping mall roof.  Affirmed by Supreme Court of Virginia.
  • $300,000 Judgment awarded to daughter whose mother was killed by step-father who attempted to seek his deceased wife's life insurance proceeds.
  • $300,000 Car accident involving collision with delivery truck and compound arm fracture.
  • $290,000 Car accident involving injury to passenger's face.
  • $175,000 Settlement for property damage and business losses for damage to printing press during moving.
  • $175,000 Back injuries to driver struck by drunk driver.
  • $135,000 Settlement for failure to supervise bookkeeper, negligent processing of checks by bank, and embezzlement.
  • $82,000 SIPL Defense verdict that ultimately led to award of $82,000 sanctions against Plaintiff.
  • Defense Verdict SIPL Defense verdict in car-tanker truck collision seeking over $1,000,000
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