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Tag Archives: Judge Charles James Maxfield

Court Won’t Enforce Optional Liquidated Damages (access required)

A liquidated damages provision in a real estate contract that would allow seller to keep buyer’s $50,000 deposit and seek additional remedies is unenforceable, a Fairfax Circuit Court holds. Seller and buyer entered into a real estate contract for a ...

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Defendant admitted liability in I-95 rear-ender – $311,000 Verdict (access required)

The defendant admitted liability for this January 2012 rear-end collision in rush hour traffic on Interstate 95 in Fairfax County. Cars had slowed to a stop when the defendant hit the plaintiff’s vehicle at 50 miles per hour, setting off ...

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Employee With Grievance Alleges Defamation (access required)

Alleged critical comments about a Fairfax Police Department employee working unapproved overtime were “published” even though they were only communicated among department personnel directly involved in disciplinary matters; the Fairfax Circuit Court says plaintiff’s allegations of retaliation, ill will and ...

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Woman can sue since boss’s comments ‘published’ (access required)

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A police department employee may sue her supervisors for defamation for comments they made during a dispute over her extra hours. When the supervisors disciplined Jeannie Kuley for allegedly working unapproved overtime in violation of Fairfax County policy, she pursued ...

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No Jurisdiction from Company Contacts (access required)

A Virginia personnel recruiter that is suing a foreign corporation for allegedly using its services to hire a candidate for a managerial position in the nuclear engineering industry has its suit dismissed for lack of personal jurisdiction; the Fairfax Circuit ...

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Necessity of spinal surgery at issue in med-mal action – $1,121,364 Verdict (access required)

The plaintiff was a 32-year-old man who suffered a minor L-1 compression fracture as a result of an ATV accident. He was taken to the Loudoun Hospital emergency room where he came under the care of neurosurgeon Dr. Mudit Sharma, ...

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Block-busters: Some judges frown on block billing, but others OK single-entry timekeeping

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Block billing. It’s a buzz phrase that can prompt a court to slash a lawyer’s fee request, anywhere from 10 percent to 35 percent. Lawyers know courts – and some clients – frown on the practice of lumping together lots ...

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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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