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No FOIA Claim for School Board Emails (access required)

By Deborah Elkins
Published: August 29, 2011
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A school board did not violate the Virginia Freedom of Information Act by conducting a meeting through email exchanges during the days leading up to the board’s decision to vote to close an elementary school; although the Fairfax Circuit Court finds the board did violate VFOIA by failing to timely produce documents, the violation was [...]

Lot-Width Waivers Violate Dillon’s Rule (access required)

By Deborah Elkins
Published: July 6, 2011
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A plaintiff wins a challenge to the county’s grant of a special exception under Fairfax Zoning Ordinance § 9-610 for waiver of minimum lot width requirement to another owner’s property, as the Fairfax Circuit Court holds the county violated Dillon’s Rule by granting lot width waivers without meeting the requirements for granting a variance. The [...]

No Review of Child Support Order (access required)

By Deborah Elkins
Published: January 28, 2011
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A father’s appeal of a denial of a modification in child support cannot be considered because the record on appeal does not contain a transcript or timely filed written statement of facts, and the Court of Appeals remands the case for an award of attorney’s fees to the mother. Because we hold the father’s appeal [...]

Court money woes likely to grow (access required)

By Alan Cooper
Published: October 14, 2010
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After Karl R. Hade, executive secretary to the Supreme Court of Virginia, gave the Judicial Council a by-now familiar account of the grim financial condition of the state’s judiciary on Wednesay, someone asked, “What can we do?” All heads turned to council member Walter A. Stosch, the Henrico Republican who is a senior member of [...]

Partnerships – Dissolution Agreement – RULPA (access required)

By Deborah Elkins
Published: October 5, 2010
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Because a general partner in this family real estate partnership concurrently failed to admit a new general partner and withdrew as sole general partner, the partnership was left without a general partner, and her actions in 2003 triggered the dissolution of the partnership, says a Fairfax Circuit Court. In 1994, Verlin W. Smith and Maryan [...]

Insurer pays $300k verdict despite $100k policy limits – $300,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: September 6, 2010
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On July 16, 2007, the plaintiff was rear-ended by the defendant in Fairfax County. The impact caused the defendant’s vehicle to go under the rear bumper of the plaintiff’s vehicle, resulting in approximately $500 in property damage to the plaintiff’s vehicle. The plaintiff hit her head on the headrest and felt immediate neck pain and [...]

Contract – Nursing Home Care – Third-Party Liability (access required)

By Deborah Elkins
Published: August 27, 2010
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A nursing home cannot recover costs of care for a resident admitted to the home under an agreement signed by defendant under a general power of attorney for the resident; a Fairfax Circuit Court says defendant signed as the resident’s agent, and a Virginia statute that would allow suit against defendant for breach of a [...]

Nursing home bill unpaid, but cat got care (access required)

By Alan Cooper
Published: August 26, 2010
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Spending $8,000 on a nursing home resident’s pet cat “Spunky” was “highly suspicious,” said a Fairfax Circuit Court judge. But that “extremely large” sum purportedly paid by a woman who had a general power of attorney for the resident did not let the nursing home go after the woman for an alleged misappropriation of funds, [...]

Employees accused of violating Business Conspiracy Act – $12,900,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: July 26, 2010
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The case involved the actions taken by 21st Century Systems Inc., the two principals of its newly created government contracting division, and two former Perot Systems employees to compete with Perot Systems. While still employed with Perot Systems, the two former employees copied confidential electronic information and worked with the two principals of 21st Century [...]

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