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Monthly Archives: August 2008

Criminal – Preliminary Hearing – Disorderly Conduct (access required)

A Smyth County Circuit Court dismisses charges against a defendant who was denied a preliminary hearing, relying on the decision appellate decision in Wright v. Commonwealth. Defendant was arrested on certain felony and misdemeanor warrants stemming from an encounter with ...

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Civil Procedure – GDC Dismissal – ‘Without Prejudice’ – No Final Order (access required)

A general district court’s dismissal without prejudice of a plaintiff’s auto accident p.i. case was not a final, appealable order under Va. Code § 16.1-106 and a Fairfax Circuit Court strikes plaintiff’s notice of appeal. Plaintiff argues the dismissal without ...

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Employment – Contract – Noncompete – Government Contractor (access required)

A Fairfax Circuit Court says a government contractor’s noncompetition and nonsolicitation clauses are unenforceable against a former employer because they do not specify what kind of “outside business activity” is considered competitive or what is considered a “predominantly similar” business. ...

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Real Estate – Contract – Fraud – Water Damage Concealment (access required)

Home buyers who allege defendant sellers actively concealed water damage to the property also can sue defendant real estate agent; a Fairfax Circuit Court says the claims that the real estate agent fraudulently misrepresented communications in which the sellers denied ...

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Contract – Race Car Lease – Unpaid Rent – Crash Damage (access required)

A race car company wins damages for unpaid rent and crash damage to the Pro Formula BMW race car it rented to defendants for a summer 2007 racing series, and the Fairfax Circuit Court dismisses the lessees’ counterclaim alleging plaintiff ...

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Consumer Protection – VCPA – Attorney’s Fees (access required)

On remand of this automobile purchase case from the Virginia Supreme Court for an award of attorney’s fees on appeal, a Prince William County Circuit Court awards plaintiff buyer attorney’s fees of $11,777.64, having reduced the fee request by 25 ...

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Search & Seizure – Consensual Encounter – Calling Drug Dog (access required)

Police who initially saw defendant urinating near a car during the early morning hours at a known drug-dealing location in Virginia Beach violated defendant’s Fourth Amendment rights when, without a reasonable articulable suspicion, an officer told defendant he had called ...

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Criminal – Robbery Conspiracy – Violence Or Intimidation (access required)

An employee of a Dick’s sporting goods store cannot be convicted of robbery, because his coconspirator’s use of an air gun was not directed at the store employee who testified he stood 15 feet away during the feigned robbery, but ...

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