Legal Question in Civil Litigation in Massachusetts

I am not clear on what you mean by "threw out" your case. Do you mean that the court decided against you? Do you mean that your case was dismissed? Was it dismissed with or without prejudice? Depending upon the disposition of your case, you may or may not be able to bring this case again. Which court is appropriate depends entirely on the facts of your case. Please feel free to contact my office if you would like to consult with an attorney and learn about your options.

You don't provide a lot of information, and I'm not sure what you mean by your "affirmative relief" comment, but it sounds like you're saying that you were the defendant, and the plaintiff's case was dismissed by the judge. If that is the case, and if you are now trying to get the plaintiff to pay your attorney's fees, there aren't many avenues open to you to do that unless you can establish that all or substantially all of the plaintiff's case against you was "wholly insubstantial, frivolous and not advanced in good faith." If you can do that to the court's satisfaction, you can recover your attorney's fees. The court you would raise that issue with is the Massachusetts court where the original case was heard, not a Virginia court, but there are ways it could be done without you having to travel back to Massachusetts. You should consult your Massachusetts attorney about whether there is any basis to file a motion in that regard.