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Tag Archives: Civil Practice

Nonparty’s motion to disqualify counsel granted (access required)

Where husband’s attorney sought to depose a nonparty witness who the attorney previously represented in a divorce matter, the court grants the witness’s motion to disqualify the attorney based on a conflict of interest. Overview In this divorce matter, husband’s ...

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Oyer denied for party bus inspection certificate (access required)

Where plaintiff’s decedent was killed when she fell through an open or unsecured door on a moving party bus, a defense motion craving oyer of an inspection certificate for the bus is denying because plaintiff’s negligence claim does not arise ...

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Liability for arbitration attorney’s fee clarified (access required)

Where an arbitrator awarded petitioner an attorney’s fee as a sanction for respondent’s failure to comply with discovery, respondent’s substitute counsel is liable for the sanction. Background The action before the court is a review of an arbitrator’s order requiring ...

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Material misrepresentations must be corrected (access required)

Where the plaintiff suing over a failed joint venture made material misrepresentations in several allegations in their second amended complaint and attached incorrect documents, they were ordered to correct all allegations inconsistent with the factual record. Although the case was ...

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No standing to sue sheriff for immigration law enforcement (access required)

Plaintiff taxpayers lack standing to challenge to challenge the local sheriff’s cooperation agreement with the federal government to enforce federal immigration laws. Their complaint does no more than identify a policy with which they disagree and then asserts that any ...

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License plate database not ‘information system’ (access required)

License plate data retained in the Fairfax County Police Department’s Automated License Plate Recognition System is not an “information system” under the Government Data Collection and Dissemination Practices Act. The record-keeping process does not “provide a means through which a ...

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Ex-wife had superior claim to insurance proceeds (access required)

Where the parties’ amended property settlement agreement required husband to maintain wife as a 50% beneficiary of a life insurance policy, wife’s claim to the insurance proceeds is governed by equity principles rather than substantive law. Wife’s equitable claim is ...

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