Author Archives: Deborah Elkins

Noncompete Void for ‘Independent Contractor’ (access required)

An employer cannot enforce a noncom­pete provision in a speech therapist’s con­tract; the provision is overbroad and is void as the contract misclassifying the defen­dant speech therapist as an independent contractor violates Virginia public policy, says a Fairfax Circuit Court. ...

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Fees Awarded Under Vienna Metro Matrix (access required)

In this complex litigation alleging de­fendant breached a purchase agreement by not allocating for plaintiff’s use cer­tain density rights subsequent to changes in Fairfax County’s 2010 comprehensive plan, a Fairfax Circuit Court says defen­dant may amend its answer to cite ...

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Density Provision Subject to ‘Impossibility’ Defense (access required)

In this dispute involving a 2000 Pur­chase Agreement for the sale of real prop­erty located in Tysons Corner, Va., from West*Group Properties LLC to defendant Capital One Bank, a Fairfax Circuit Court grants summary judgment for Capital One in an ...

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Owners Have VCPA, Fraud Claims Against Contractor (access required)

Owners who hired defendant contractor to build a recreational facility with a bat­ting cage, swimming pool, exercise area and bathroom may sue the contractor for fraud in the inducement and violation of the Virginia Consumer Protection Act, based on allegations ...

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Government Contractor’s $11.9M Award Set Aside (access required)

An Amended Teaming Agreement be­tween plaintiff, a large government con­tractor, and defendant, a woman-owned small business contractor, to work togeth­er for defendant to win a prime contract to provide visa support services, was an agreement to agree, and not an ...

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Rights Terminated for Drug Abuse, Family Violence (access required)

The Court of Appeals upholds termi­nation of a mother and father’s parental rights to two of their four young children, due to their inability to remedy issues concerning substance abuse, domestic vi­olence, inadequate shelter and parenting and supervisory skills. Mother ...

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