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Tag Archives: Virginia Circuit Courts

Attorney-In-Fact Files Valid Elective Share Claim (access required)

Although husband could not personally sign the notice of elective share of his wife’s estate, due to his incapacity, the notice, signed and acknowledged by husband’s attorney-in-fact, constitutes a valid claim under Va. Code § 64.1-13, and the Fairfax Circuit ...

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Habeas Court Says Lawyer’s Performance Not Deficient (access required)

A defendant convicted of felony murder and sentenced to 70 years in prison has failed to state claims for constitutionally deficient performance of his trial counsel under the standard of Strickland v. Washington, and the Hanover County Circuit Court grants ...

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‘Continuous’ Trespass Damages Claim Untimely (access required)

The statute of limitations does not bar plaintiff’s complaint for injunctive relief for an alleged  trespass by defendant Verizon by coming onto his property in July or August 1995 to place an overhead telephone cable, without permission or authority to ...

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No Proof for Post-Termination Commissions (access required)

Although the jury awarded plaintiff, who was terminated by defendant Anonymizer Inc., $139,458.17 in commissions for defendant’s breach of its sales incentive plan, the Fairfax Circuit Court denies plaintiff’s motion to reconsider an award of post-termination commissions. Plaintiff presented insufficient ...

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Court Awards $880K Sanctions Against Lawyer, Client (access required)

A divorcee who persisted in her legal action for an accounting of a trust fund belonging to her ex-husband, despite receiving numerous documents and offers of assistance in document review from his lawyers, is sanctioned, along with her lawyer, for ...

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