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Landlord Collects on Quantum Meruit Claim (access required)

By Deborah Elkins
Published: March 31, 2011
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A shopping mall landlord wins $23,285.91 on a quantum meruit claim against a sub shop; a Fairfax Circuit Court says the quantum meruit claim is not barred by the existence of a lease, because the lease term regarding water service is unenforceable between the landlord and the sub shop as occupant. Both the original lease [...]

Back, shoulder injuries caused by rear-end collision – $725,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: March 14, 2011
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On Feb. 12, 2008, the plaintiff was traveling on Prosperity Avenue in Fairfax County. A wintry mix had caused the roads to be icy. The plaintiff was about to turn left when he lightly rear-ended the vehicle in front of him, which was waiting to turn left. The plaintiff motioned with his right hand for [...]

Criminal – Drug Prosecution – Certificate – Chemical Analysis (access required)

By Deborah Elkins
Published: September 1, 2010
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In this prosecution for felony possession of a controlled substance, a Fairfax Circuit Court rejects defendant’s motion to exclude a certificate of analysis as based on scientifically unreliable evidence, a chemical analysis performed on the suspected controlled substance, cathinone. To identify the substance, the chemists performing the tests used a gas chromatograph equipped with two [...]

Consumer Protection – Fair Credit Act – Libel – Injunctive Relief (access required)

By Deborah Elkins
Published: August 31, 2010
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On a matter of first impression, a Fairfax Circuit Court holds that the Fair Credit Reporting Act preempts injunctive relief requested by plaintiff under his common law libel action for a credit reporting agency’s alleged retention of false information about plaintiff, and the request for injunctive relief is dismissed. In March 2009, when plaintiff applied [...]

Jury in Fairfax awards $2.04M to fitness enthusiast hurt in wreck (access required)

By Alan Cooper
Published: August 18, 2010
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By Alan Cooper A Fairfax County jury has awarded $2,044,500 to a 30-year-old man who suffered two broken vertebrae when a Mercedes sport utility vehicle hit the man’s smaller SUV at an intersection. Before the collision in April 2007, the plaintiff, Daniel Norton, was seriously into fitness. A 3- to 5-mile run before work. A [...]

Employment – Noncompete – Nonsolicitation – Severability (access required)

By Deborah Elkins
Published: August 16, 2010
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A Fairfax Circuit Court says it can enforce a Nonsolicitation of Customers clause in an IT director’s contract, but not the contract’s Noncompete clause, which is unenforceable because of the vagueness of its language barring work in “substantially similar or related” employment. Plaintiff Daston Corporation hired defendant Randall Spruill as managing director and defendant David [...]

Noncompete axed, but nonsolicit OK (access required)

By Peter Vieth
Published: August 16, 2010
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A Fairfax judge has issued a split decision in an employment dispute, striking noncompete language in a computer services contract as overly vague but finding a nonsolicitation clause enforceable. Fairfax Circuit Judge Michael F. Devine expressly refused to add, or “blue pencil,” acceptable language to validate the noncompete clause, an issue not yet addressed by [...]

Domestic Relations – Federal Life Insurance – Ex-Wife Beneficiary – Constructive Trust (access required)

By Deborah Elkins
Published: July 6, 2010
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Although ex-wife is the named beneficiary for husband’s federal employee life insurance proceeds, husband’s widow can use a Virginia statute to ask for a constructive trust on the $125,000 policy paid out to the ex-wife, a Fairfax Circuit Court says in this first-impression case. The federal preemption issue is a matter of first impression in [...]

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