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Monthly Archives: July 2009

Criminal – Pretrial Identification – Photo Line-Up (access required)

Although a Fairfax Circuit Court notes that the apparent 20-year age difference between a photo of defendant and photos of five other African-American males is both “startling and obvious,” the court must hear additional evidence prior to suppressing a sexual ...

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Contract – Limitations – Accrual Date (access required)

In litigation over this contract to tear down one home and build a new custom home on the site, a Fairfax Circuit Court says plaintiff homeowners are entitled to damages of $104,476, which may be reduced to $81,332 by off-set ...

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Unemployment Comp – Misconduct – Commission Dispute – Hearsay (access required)

A shoe salesman who was dismissed for his use of profane language that was sexually and racially demeaning in commission dispute with a co-worker cannot collect unemployment compensation, a Norfolk Circuit Court rules. Claimant’s conduct during the incident was found ...

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Contract – False Payroll Claim – Conspiracy Claim (access required)

In a construction company’s suit alleging submission of false payrolls against LGS Group LLC, with whom it had a contract, and two affiliated entities and two employees, a Norfolk Circuit Court dismisses tort claims for conspiracy to breach a contract ...

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Civil Procedure – Res Judicata – Attorney-Client Privity (access required)

A lawyer whose fraud and TILA suit against defendant lender to bar sale of a client’s property was dismissed as time-barred after the lawyer withdrew from representation, cannot sue the lender directly, based on the lawyer’s own interest in the ...

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Real Estate – Quiet Title Action – Condo Parking Spaces (access required)

A Fairfax Circuit Court grants a condo buyer’s motion to quiet title to two parking spaces conveyed pursuant to the parties’ 2008 purchase agreement, in this case of first impression in Virginia, and denies defendant condo owners’ motion for sanctions. ...

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Domestic Relations – Attorney’s Lien – Former Marital Property (access required)

Although husband’s divorce lawyer filed a notice of attorney’s lien on jointly held marital real estate prior to entry of the final divorce decree, the lien could not attach before the property was conveyed to wife’s sole ownership, and a ...

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Traffic Offenses – DUI – Arkansas Law – Parallel Statute (access required)

A Fairfax Circuit Court rejects petitioner’s request for review of the Virginia DMV’s decision to revoke her driving privileges after learning of her Arkansas DUI conviction, as the Arkansas statute under which her license was suspended in Arkansas, Ark. Code ...

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Real Estate – Deed Of Trust – Name Indexing – Hyphenated Name (access required)

A Fairfax Circuit Court grants declaratory judgment for SunTrust Bank on its complaint that defendant Wells Fargo’s failure to notify SunTrust of a foreclosure sale on property on which SunTrust held a second deed of trust violated Va. Code § ...

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Real Estate – Deed Of Trust Priority – Notice (access required)

In this case involving a 25-acre parcel that straddled the line between Pittsylvania County and Henry County, in which a mortgagee was attempting to foreclose on just the Pittsylvania portion of the property, a Pittsylvania County Court says the deed ...

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