Quantcast
Home / 2008 / April (page 10)

Monthly Archives: April 2008

Wills & Trusts – Elective Share – Separate Property (access required)

Although wife’s estate argues that husband and wife maintained separate property throughout their marriage so that each might leave that separate property to their respective children from former marriages, husband and wife did not have a premarital or marital agreement ...

Read More »

Criminal – Speedy Trial – Constitution – Alien Detention (access required)

A Honduran native arrested for assault outside a Springfield restaurant, who was subject to a civil detainer filed by U.S. Immigration and Customs Enforcement and in ICE custody from September 2005 until April 2006, when he was deported, and who ...

Read More »

Criminal – Indictment – Res Judicata (access required)

Although the doctrine of res judicata can apply in the criminal context to bar a subsequent action, it does not bar prosecution of this defendant for false pretenses. The principle of res judicata requires that the actions be identical and ...

Read More »

Contract – Employment – Arbitration – Signatures (access required)

Although the company that hired plaintiff as a vice president only signed the last page attached to plaintiff’s employment agreement, an “Option Grant Notice,” and did not sign the intended signature page, which plaintiff signed, the parties’ conduct indicated both ...

Read More »

Civil Procedure – Personal Jurisdiction – Minimum Contacts (access required)

A Virginia professional corporation that provides radiologist services, located in Fairfax, can sue defendant, Open MRI & CT White Marsh LLC, for an alleged breach of a professional services agreement to provide MRIs and CTs to be read by plaintiff’s ...

Read More »

Domestic Relations – Foreign Divorce – PSA Amendment (access required)

A circuit court grants a wife’s plea in bar to prevent husband from seeking enforcement of an Oct. 29, 2003 consent order entered by the Fairfax County Circuit Court to amend a 2002 property settlement agreement entered into pursuant to ...

Read More »

Criminal – Drug Possession – Double Jeopardy – Three Counts Or One (access required)

A defendant discovered with hydrocodone, oxycodone and cash in his right pants pocket, Endocet and cash in his left pants pocket, and liquid oxycodone in his garage, about 15-20 feet from the porch where defendant was standing, should only have ...

Read More »

Criminal – Drug Distribution – Immunity – Prosecution Witness (access required)

The Court of Appeal affirms defendant’s conviction of possession with intent to distribute more than five pounds of marijuana, despite defendant’s claim that he was immune from prosecution because of his testimony for the prosecution against his codefendant at the ...

Read More »

Employment – University Employee – Termination – Sexual Harassment (access required)

A Virginia Tech employee who managed the university mail system should not have been fired after 29 years for one incident of alleged “sexual harassment,” in which he asked a female student, whom he did not supervise, to pose in ...

Read More »