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School Stock Fraud Case Advances (access required)

By Deborah Elkins
Published: May 25, 2012
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An investor who thought his $200,000 payment to defendants was buying 40,000 shares in C2 Future stock that would allow expansion of an educational company into Korea, not “office expenses for existing schools,” can sue defendants for an alleged fraudulent scheme in violation of the Virginia Securities Act; the Fairfax Circuit Court denies defendants’ summary [...]

Slander of Title Claim Barred After Two Years (access required)

By Deborah Elkins
Published: October 17, 2011
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In this first-impression case, a Fairfax Circuit Court applies a two-year statute of limitations to a claim for slander of title and dismisses as time-barred a woman’s claim against Wells Fargo based on her husband’s alleged forgery of her signature on deeds of trust when he refinanced their home prior to his death.
Plaintiff Ann Koz [...]

Slander of Title Claim Barred After Two Years (access required)

By Deborah Elkins
Published: October 5, 2011
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In this first-impression case, a Fairfax Circuit Court applies a two-year statute of limitations to a claim for slander of title and dismisses as time-barred a woman’s claim against Wells Fargo based on her husband’s alleged forgery of her signature on deeds of trust when he refinanced their home prior to his death.
Plaintiff Ann Koz [...]

No Punitives for Mortgage Forgery Claim (access required)

By Deborah Elkins
Published: July 6, 2011
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A woman who took property as a tenant by the entirety after her husband died but who says he forged her signature on two deeds trust that secured notes on the property cannot sue the mortgage company for punitive damages as she has not sufficiently alleged malice in the company’s attempts to collect on the [...]

No Dismissal for Inadvertent Destruction of Drug (access required)

By Deborah Elkins
Published: June 2, 2011
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A Fairfax Circuit Court refuses to dismiss a felony drug distribution charge because of the inadvertent destruction of the cocaine allegedly sold by defendant and seized by police.
Failure to preserve potentially useful evidence does not violate due process unless a criminal defendant can show bad faith on the part of the police. Also relevant to [...]

Negligence – Funeral Services – Emotional Distress – Economic Loss Doctrine (access required)

By Deborah Elkins
Published: December 30, 2010
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Plaintiffs who allege defendant funeral home presented the wrong body at the open-casket funeral planned for their family member, and that plaintiffs had to go to an off-site storage facility to help defendant locate their decedent, still dressed in hospital clothing and unprepared for the funeral, cannot sue the funeral home for either negligent or [...]

Negligence – Premises Liability – Parking Deck – Security Contractor (access required)

By Deborah Elkins
Published: December 28, 2010
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A Fairfax Circuit Court says a private security contractor for a mall parking deck cannot be sued for negligence based on allegations that security personnel did not respond to surveillance video images that showed the men who abducted a woman from the parking deck “brandishing” a replica handgun in the garage prior to the abduction.
The [...]

Suit, counterclaim filed over church construction – $762,640 Verdict for Counter-Claimants (access required)

By Virginia Lawyers Weekly
Published: July 19, 2010
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On Feb. 19, 2008, Seoul Presbyterian Church (SPC) in Fairfax filed suit against a family construction business, Zion Contractor Co., and their shareholders, Jae Kwon, Byung Kwon and their son Don Kwon for fraud, breach of contract and unjust enrichment.
The remaining shareholders, Sung D. Kim and Hye Yeon Kim, settled out of court early [...]

Business loan penalty was ‘unconscionable,’ judge says (access required)

By Peter Vieth
Published: May 31, 2010
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A Fairfax County judge has ruled a penalty clause of $300 a day in a business loan was unconscionable and unenforceable despite the fact that state usury laws did not apply to the loan.
The ruling came in a dispute between a residential developer and a landowner who sold a site in Annandale, according to the [...]

Corporate – LLC Manager – Competing Business (access required)

By Deborah Elkins
Published: March 19, 2010
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Although an LLC’s operating agreement says that a unanimous vote is required for the three-member board of managers to act, this provision does not bar the LLC from suing one manager it alleges formed a competing electrical contracting business to siphon off customers, a Fairfax Circuit Court says in a case of first impression.
In 2003, [...]

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