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Monthly Archives: March 2010

Documentation for public road at issue in access to property – Defense Verdict (access required)

The plaintiffs, a group of landowners, sought a declaratory judgment granting access to the landlocked property along the route of an alleged ancient public road over Short Hill Mountain outside of Leesburg. Had the plaintiffs been successful, a public road ...

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Contract – Arbitration – Superseding Agreement – Calif. Law (access required)

A private equity fund manager’s breach of contract suit on compensation issues is stayed pending arbitration, a Fairfax Circuit Court says, despite the fund manager’s claim that two operating agreements superseded his original employment letter agreement that contained the provision ...

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Corporate – LLC Manager – Competing Business (access required)

Although an LLC’s operating agreement says that a unanimous vote is required for the three-member board of managers to act, this provision does not bar the LLC from suing one manager it alleges formed a competing electrical contracting business to ...

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Negligence – Slip & Fall – Sovereign Immunity (access required)

A Fairfax Circuit Court sustains the commonwealth’s plea of sovereign immunity to a plaintiff’s suit alleging she was walking on a sidewalk and tripped over a metal signpost base and fractured both wrists and suffered abrasions to her head, shoulder, ...

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Real Estate – Commercial Lease – Guaranty (access required)

A Fairfax Circuit Court sustains, with leave to amend a guarantor’s demurrer to plaintiff lessor’s complaint seeking damages from the assignor tenant and defendant guarantor, after default by the assignee tenant. The guaranty here clearly states that defendant Ray Park ...

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Unemployment Comp – Misconduct – Insubordination (access required)

A claimant’s alleged failure to pick up from a customer for a two-week period, as directed by employer, was not misconduct that would disqualify claimant from receiving unemployment compensation after his termination, and a Fairfax Circuit Court reverses the Employment ...

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Negligence – Arbitration – Nursing Home Suit (access required)

A Williamsburg-James City County Circuit Court denies defendant nursing home’s motion to compel arbitration, finding that signing of the nursing home contract document by plaintiff decedent’s son, as personal representative, did not legally bind his mother to the contract and ...

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