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Monthly Archives: August 2008

Consumer Protection – Lottery Proceeds – Loan Collateral (access required)

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 ...

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Domestic Relations – Fraud On Court – Divorce Decree Vacatur (access required)

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 ...

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Domestic Relations – Cruelty – Equitable Distribution – Family Dog (access required)

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. ...

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Administrative – School District Boundaries – Judicial Review (access required)

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 ...

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Employment – Teacher – County Grievance Procedure – Conditional Rehire (access required)

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 ...

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Contract – Government Contract – Subcontractor Claim – Arbitration (access required)

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 ...

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Attorneys – Legal Malpractice – Habeas Counsel (access required)

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 ...

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Zoning – Junk Yard Clearance – Consent Decree (access required)

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 ...

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Domestic Relations – Support Change – Mortgage Banker (access required)

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 ...

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