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Author Archives: Deborah Elkins

Criminal – Sentencing – Fraud – Restitution Order – ‘Vulnerable Victim’ (access required)

A defendant who was part of a fraudulent sweepstakes scheme operating out of a Costa Rican call center gets an “aggravating” role sentencing adjustment for his supervisory role, but the 4th Circuit vacates the district court’s $4.2 million restitution order ...

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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pending arbitration, a Fairfax Circuit Court says, despite the fund manager’s claim that two operating agreements superseded his original employment letter agreement that contained the provision ...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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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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