Home (page 81)

Tag Archives: Virginia Circuit Courts

Confession Of Judgment With No Affidavit Set Aside (access required)

A Fairfax Circuit Court sets aside a confessed judgment against guarantors of a business loan by plaintiff bank, because an affidavit was not filed simultaneously with the confession of judgment, as explicitly required by the language of the guaranties. The ...

Read More »

No Dismissal for Inadvertent Destruction of Drug (access required)

A Fairfax Circuit Court refuses to dismiss a felony drug distribution charge because of the inadvertent destruction of the cocaine allegedly sold by defendant and seized by police. Failure to preserve potentially useful evidence does not violate due process unless ...

Read More »

Business Has No ‘Disparate Impact’ ECOA Claim (access required)

Even if the court recognized a “disparate impact” claim against a commercial lender under Virginia’s Equal Credit Opportunity Act, plaintiffs, a businessman of Indian descent and his four medical businesses, have not stated such a claim against defendant Wells Fargo, ...

Read More »

Husband Proves Cohabitation, Ends Support (access required)

Testimony about wife’s living arrangements with a man were not credible, a Fairfax Circuit Court says, and husband can stop spousal support because he proved her cohabitation under the parties’ PSA; however, granting husband attorney’s fees would only prejudice the ...

Read More »

No Deferral to ‘Treating Physician’ in VRS Disability (access required)

A school office assistant loses her appeal of the Virginia Retirement System’s denial of a disability pension for her claims of headaches and cognitive defects from fibromuscular dysplasia; a Fairfax Circuit Court says a VRS disability determination does not require ...

Read More »