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Monthly Archives: August 2008

Real Estate – Home Sale – Termite Damage – Fraud (access required)

A home buyer’s suit alleging fraudulent inducement and concealment by defendant seller of extensive termite damage to the home has his suit dismissed by the Fairfax Circuit Court, with leave to amend, because the suit as filed alleges the buyers ...

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Civil Procedure – Judicial Bias Accusation – Court’s Ruling (access required)

A Fairfax Circuit Court declines defendant’s motion to reconsider its earlier decision in this case, based on defendant’s unfounded accusation of “blatant sexual bias.” While unfortunately there was no court reporter present for the earlier ruling, I wrote out my ...

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Criminal – Abduction – Infant Victim (access required)

A defendant’s conviction of “abduction” of an infant is reversed by the Court of Appeals. Four intruders broke into a home where a woman, a man and the man’s eight-month-old daughter were asleep together in a bed. One intruder pulled ...

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Search & Seizure – Auto Search – Trespass Arrest (access required)

The Court of Appeals affirms defendant’s conviction for possession of cocaine with intent to distribute, discovered in defendant’s car after he was arrested for trespassing. Pursuant to Virginia v. Moore, 128 S.Ct. 1598 (2008), we conclude the trial court did ...

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Civil Procedure – Discovery Sanctions – Rule 37 – Default Judgment (access required)

In this litigation between a former chairman of the board and CEO for defendant corporation who left his post as officer and director but was retained as consultant, and the corporation, which has counterclaimed against the former chairman, his wife, ...

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Civil Procedure – Discovery Sanctions – Rule 37 – Default Judgment (access required)

In this litigation between a former chairman of the board and CEO for defendant corporation who left his post as officer and director but was retained as consultant, and the corporation, which has counterclaimed against the former chairman, his wife, ...

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Dueling bias claims (access required)

When an insulation plant squared off against its insurance carrier on a claim for business interruption loss after a fire, an Alexandria U.S. District Court let each side keep its “disinterested” loss appraiser. Litigation often gets down to a battle ...

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Bankruptcy – Debt Discharge – Student Loan – Undue Hardship (access required)

A Harrisonburg U.S. District Court remands this case in which a debtor diagnosed as paranoid-schizophrenic and HIV-positive is attempting to discharge more than $80,000 in student loans obtained from 1989 to 1997 as an “undue hardship” under 11 U.S.C. § ...

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