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Author Archives: Deborah Elkins

Domestic Relations – Spousal Support – Cohabitation – PSA (access required)

Although wife says she and her boyfriend do not share their finances and have separate bedrooms, she pays him rent and they share their lives and a Fairfax Circuit Court says husband can terminate his monthly spousal support payments in ...

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Corporate – Dissolved Corporation – Individual Liability (access required)

A Fairfax Circuit Court denies summary judgment to defendant, an officer, director and shareholder of a dissolved corporation that contracted to replace plaintiff hair salon’s floor, in the salon’s suit alleging defective installation. The complaint alleges that defendant Custom Commercial ...

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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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