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Monthly Archives: March 2007

Administrative – School Board – Disciplinary Transfer – Review (access required)

Although a student claims he was acting in self-defense when he was involved in an altercation with other students in a school hallway, the circuit court upholds the school board’s decision to reassign the student to another school. School boards ...

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Civil Procedure – Jury Trial Request – Plea In Bar (access required)

Plaintiff’s counsel is mistaken in the belief that a jury cannot be demanded to rule on disputed factual issues on a plea in bar, and because plaintiff failed to request a jury until closing argument, the circuit judge finds that ...

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Civil Procedure – Service Of Process – One- Year Limit – P.I. Action (access required)

A woman who alleges she was injured in an auto accident and who had her first attempted service of her pro se suit returned with defendant “not found,” and service on defendant insurance carrier also returned “not found,” has her ...

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Contract – Employment – Arbitration – Notice (access required)

A circuit court confirms an arbitration award in this dispute subject to mandatory arbitration under employment agreements executed by the parties, after plaintiffs paid defendants’ share of the costs of arbitration. The issue here was whether defendants were given proper ...

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Contract – Real Estate – Consequential Damages – Proof (access required)

A seller of property who obtained a default judgment against a buyer who failed to close on the sale of real estate in Manassas must submit proof of expenses incurred and the alleged forfeiture of other business opportunities in order ...

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Contract – Restaurant Security – Unlicensed Contractor (access required)

A security company hired by defendant restaurant cannot recover from the restaurant on theories of unjust enrichment and quantum meruit, after the circuit court earlier found that the contract between the parties is illegal as a matter of law because ...

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Corporate – Merger Plan – Recoupment (access required)

Where the parties entered into an agreement and plan of merger under which plaintiff owner and directors of the corporation sold the capital stock of their company to defendant in exchange for compensation described in the agreement, and plaintiffs have ...

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Criminal – Voluntariness Of Statement – Miranda Warnings (access required)

A police interview with a man suspected of robbery was a custodial interrogation because police repeatedly asked him about his role in the robbery and the name of his alleged accomplice, and statements defendant made before and after he received ...

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Domestic Relations – Divorce – Adultery (access required)

A circuit court grants wife a divorce on the ground of husband’s adultery, and awards wife 100 percent of the valuation of the marital home, monthly spousal support of $4,000 and attorney’s fees of $43,319. The result of husband’s repeated ...

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