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Tag Archives: Fairfax County Circuit Court

Automatic License Reader Data Not ‘Personal’ (access required)

The Fairfax County Police Department’s storage of data collected by an Automatic License Plate Reader (ALPR) for 364 days does not violate the Government Data Collection and Dissemination Practices Act because a license plate is not person­al information; the Fairfax ...

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Woman injured hip in rear-ender – $240,514 Arbitration Award (access required)

This was a rear-end auto col­lision involving three vehicles. Liability was not contested. The issue involved damages and whether the medical bills and lost wages were caused by the accident. In that regard the main question was wheth­er the arthroscopic ...

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Plastic surgeon did not lose control during female patient’s liposuction – Defense Verdict (access required)

Plaintiff presented to defendant plastic surgeon in July 2011 seeking abdominoplas­ty, breast reduction with lift, and accompanying liposuction. On the morning of July 22, 2011, defendant performed bilateral breast reduction, abdominoplasty, suction-assisted li­pectomy of the love handles, flanks, and outer ...

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No Pay Breach After Feds’ Fee Changes (access required)

In this dispute between two govern­ment contractors working on a chemical neutralization plant, a Fairfax Circuit Court holds that plaintiff subcontractor was not entitled to share in award fees provided for in defendant’s prime con­tract with the government, as the ...

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Dentist wasn’t negligent in not discovering patient’s cancer – Defense Verdict (access required)

The plaintiff’s dece­dent was a 62-year-old mother of four adult children who presented to the defendant den­tist in July 2011 with complaints of a severe toothache on the lower left side of her mouth. Dr. Lee examined her mouth and ...

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Patient claimed weakness after back surgery – Defense Verdict (access required)

On Feb. 19, 2010, plaintiff underwent revision of a spinal cord stimulator module to ad-dress chronic lower back and lower extremity pain. Plain-tiff’s surgical course was unremarkable, and the surgery was successful in replacing the stimulator. But upon emergence from ...

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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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