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Tag Archives: Judge R. Terrence Ney

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Negligence – Negligent Retention – Emotional Distress – Employee Sexual Assault (access required)

A former employee of defendant Hanover Research Council who alleges he was sexually assaulted and battered by HRC’s founder/CEO can sue for negligent infliction of emotional distress; a Fairfax Circuit Court says the negligent infliction claim is not time-barred, as ...

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Attorneys – Legal Malpractice – Contract Claim – Limitations (access required)

Although a plaintiff’s original complaint alleged “Malpractice” against defendant lawyer, the complaint necessarily referred to a breach of contract action, since that is what legal malpractice is, and a Fairfax Circuit Court overrules defendant’s plea in bar which claims plaintiff ...

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Civil Procedure – Discovery – Attorney-Client Privilege – HOA Documents (access required)

In this dispute between condo owners and the owners’ association’s board of directors over designation of parking spaces, a Fairfax Circuit Court denies plaintiff owners’ motion to compel the directors to produce documents relating to any communications between the HOA, ...

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Civil Procedure – Final Order – Rule 1:1 – Condemnation Action (access required)

In this follow-up to a condemnation action by the Commonwealth Transportation Commissioner, a Fairfax Circuit Court denies respondent landowner’s request for reimbursement of expert costs; although the “final order” entered in this case reserved respondent’s right to seek costs, the ...

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