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Tag Archives: Fairfax County Circuit Court

MERS is Necessary Party to Mechanic’s Lien Suit (access required)

A contractor may not proceed to enforce a mechanic’s lien against a homeowner because the contractor’s complaint does not include MERS, the Mortgage Electronic Registrations Systems Inc., as a necessary party to the mechanic’s lien suit, says a Fairfax Circuit ...

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Antique Vehicle Collection is Illegal Junk Yard (access required)

Although a property owner says the antique vehicle collection on his Fairfax County property is his hobby, the Fairfax Circuit Court upholds the Board of Zoning Appeals decision that the collection is an illegal junk yard under the local zoning ...

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Former HOA president’s emails were defamatory – $9,000 Verdict (access required)

Plaintiff Sondra Cornwell filed a defamation per se case, alleging that she was defamed by four emails written and published by defendant James Ruggieri. The emails alleged that Cornwell had stolen homeowner association (HOA) funds five years earlier. Ruggieri was ...

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Fitness Club Employee Fired for No ‘Fight Night’ (access required)

A Fairfax Circuit Court says an employee terminated from his employment at a fitness club is barred by misconduct from collecting unemployment compensation through the Virginia Employment Commission, as he was terminated for his failure to plan and promote a ...

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Bylaws ‘Reference’ Does Not Create Contract (access required)

Three vice presidents of defendant company terminated after they worked to set up a subsidiary office in the United Arab Emirates cannot rebut the presumption that they were at-will employees with a claim that their offer letters or memoranda incorporated ...

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Doc defends failure to diagnose case on causation, but loses – $2,650,000 Verdict (access required)

The plaintiff alleged that defendant radiologist missed a left breast abnormality on a screening mammogram performed on Sept. 15, 2008. The plaintiff further alleged that the defendant failed to order follow-up imaging studies and/or a referral to a surgeon for ...

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Risk Manager Notes Protected by Privilege (access required)

In this lawsuit against an anesthesiology group, a nonparty hospital risk manager who responded to contact from a lawyer engaged four days after a death, and who contacted outside counsel, investigated the incident and collected information to share with outside ...

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Jury finds for doc in appendicitis case, patient refused studies – Defense Verdict (access required)

Plaintiff, a 25-year-old male, visited the defendant urgent care physician complaining of right lower quadrant pain. The physician suspected appendicitis and ordered blood work, a urinalysis and radiology imaging studies. Plaintiff agreed to the blood work and urinalysis but declined ...

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