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Author Archives: Deborah Elkins

Domestic Relations – Adultery – Sanctions Under Va. Statute (access required)

A lawyer’s recitation of husband’s e-mail and internet traffic using a private account and visiting adult web sites does not support his claim that husband has committed adultery, and a Fairfax Circuit Court orders sanctions of $2,638 in attorney’s fees ...

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Municipal – Inverse Condemnation – Flooding – Single Occurrence (access required)

A one-time incident of flooding does not support a cause of action for inverse condemnation against Fairfax County and a mere allegation that the county did nothing more than acquiesce in the construction of the Beltway does not support an ...

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Employment – Noncompete – Auto Body Repair – Liquidated Damages (access required)

A former employee, shareholder and corporate officer for an automotive dealership violated his employment agreement’s noncompete by forming a competing business and soliciting a coworker while still employed by the dealership, and he must pay damages for breach of fiduciary ...

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Criminal – Resentencing – Recusal – Death Penalty (access required)

A Fairfax Circuit Court judge declines to recuse himself from a proceeding to resentence a capital defendant whose death sentence was reversed by the Supreme Court of Virginia. Defendant moved to recuse this judge, arguing that he had presided over ...

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