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Opinion Digests

Retainers – Advanced Payment of Fees and Expenses – Property of Client (access required)

Allen Corporation of America Inc. v. Zayas; Miles & Stockbridge P.C., Garnishee (VLW No. 017-8-098, 6pp.) (Shannon, J.) Fairfax Cir.Ct. CL-2017-07300 Holding: Where the garnishee-law firm held for the defendant-judgment debtor a retainer fee in trust as security for the ...

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Public Employees – Constitutional – Free Speech & Association – Assistant State’s Attorney (access required)

Borzilleri v. Mosby (VLW No. 017-2-184, 13 pp.) (Wilkinson, J.) No. 16-1751; Oct. 17, 2017; USDC at Baltimore, Md. (Motz, S.J.) 4th Cir. Holding: Since assistant state’s attorneys implement the policies of their elected bosses, the newly elected defendant-state’s attorney ...

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Modification of Spousal Support – Burden of Proof (access required)

Hubbard v. Hubbard (VLW No. 017-7-248, 6 pp.) (Humphreys, J.) Record No. 0197-17-2. Appealed from the Circuit Court of Chesterfield County (Johnson, J.) Holding: Where the circuit court ruled that the appellant-husband failed to produce any direct evidence of his ...

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Subcontract – Warranty – Virginia Consumer Protection Act – Statute of Limitations (access required)

Johnston v. Stephan (VLW No. 017-8-097, 14 pp.) (Bernhard, J.) Fairfax Cir.Ct.Case No. Cl-2017-5006 Holding: Where the defendant-subcontractor installed a roof under a subcontract with a general contractor employed by a homeowner who then sold the home to plaintiff-homeowners, the ...

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Civil Practice – Motion to Dismiss – Defamation – Tortious Interference (access required)

McCray v. Infused Solutions LLC  (VLW No. 017-3-470, 13 pp.) (Doumar, J.) 4:14-civ-158; E.D. Va. Holding: Where plaintiff employee, a clerk placed at an Army recruiting center by the defendant subcontracting staffing agency, was terminated after a 90-day reprimand notice ...

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Fair Credit Reporting Act – Standing – Summary Judgment (access required)

Phillips v. Trans Union LLC (VLW No. 017-3-477, 15 pp.) (Moon, J.) 3:16-cv-00088; W.D. Va. Holding:  Where plaintiff debtor sued defendant loan servicer for providing inaccurate information to a credit reporting agency, in violation of the Fair Credit Reporting Act, ...

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