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Tag Archives: Fairfax County Circuit Court

Forms over substance: Agency can’t retract payments by claiming paperwork errors (access required)

The Virginia Department of Medical Assistance Services has been rebuffed in two different cases in its efforts to get back money it paid for services rendered through Medicaid. In cases from Fairfax and Norfolk, DMAS sought to retract payments of ...

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Indemnification Clause OK in Mold-Based Complaint (access required)

A Fairfax Circuit Court says a general contractor defending against a suit alleging damage from mold infestation in the townhouse it built may sue a waterproofing subcontractor for equitable and contractual indemnification, as the claims pass muster under the 2011 ...

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Support Change Clause Not ‘Self-Executing’ (access required)

A 1999 property settlement agreement stating husband could reduce his monthly child support from $1,500 to $1,050 per month if, “through no fault” of his, he lost his supplemental income as a consultant, was not self-executing, and the husband owes ...

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Sanctions Ordered for ‘Frivolous’ Contract Claim (access required)

An employer who was hurt and suspicious when he discovered defendant employee had formed a separate company working with two other employees, did not have a good faith basis for suing the former employee on conversion and trade secret claims, ...

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UIM contributed $210K towards settlement of T-bone crash – $235,000 Settlement (access required)

The plaintiff, a 59-year-old man, was struck broadside while making a left turn in the middle of an intersection. Liability was contested. The defendant initially filed a counter claim for personal injury and property damage. The plaintiff sustained injury to ...

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Counsel deleted: Battle over erased data leads to lawyer’s disqualification (access required)

An attorney accused of destroying telltale "metadata" on two computer thumb drives has been yanked from a $20-million case right before a scheduled two-week trial. The disqualification of an employment rights lawyer and her Reston law firm highlights the peril for lawyers handling computer data.

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No Habeas Relief for Dual Pornography Convictions (access required)

A defendant convicted for possession of child pornography under 18 U.S.C. § 2252A(a)(5)(B) who then was convicted for production of child pornography using images of a girls soccer team that had supported the federal conviction, loses his state habeas challenge ...

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