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Tag Archives: Fairfax Circuit Court

HUD landlord’s unlawful detainer claim dismissed

A subsidized housing landlord’s unlawful detainer action to evict a tenant is dismissed because the notices required by the U.S. Department of Housing and Urban Development were deficient. Further, the indigent tenant was not required to post an appeal bond ...

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Maintenance contract not subject to motion craving oyer

Where a maintenance contract was referenced in the complaint, a motion craving oyer of the contract is denied. Oyer developments Plaintiff referenced a maintenance contract in a complaint against a homeowners association and other defendants. PLM, a maintenance contractor and ...

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Internet Tax Freedom Act preempts general business tax

Where Fairfax County taxed Cox Communications’ gross receipts of internet access fees under the commonwealth’s Business, Professional, and Occupational License tax, this was error because the federal Internet Tax Freedom Act preempts the BPOL tax. It is the county’s burden ...

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Subcontractor’s $11M claim for computer work dismissed

The plain terms of the parties’ software migration contract defeat plaintiff’s claim that it is entitled to a minimum payment of $11.1 million. Defendant’s demurrer is sustained with prejudice. Background Agile Defense obtained a government contract to migrate U.S. Air ...

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Medical group can sue insurer for unpaid bill

A healthcare provider has a private right of action under a statute that requires medical insurers to pay for emergency care without prior authorization regardless of whether the provided emergency services are in-network or out-of-network. The insurer’s demurrer to the ...

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Doctors can use statute to sue over insurance payment

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Doctors who billed nearly $250,000 but were paid less than $15,000 can sue their patient’s health plan under a Virginia statute setting pay rates for out-of-network emergency care, a circuit judge has ruled. A statute establishing what’s known as the ...

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Amended complaint sufficiently alleges special relationship

In this case arising from plaintiff’s allegations that another student assaulted her on a school bus, where the court previously sustained a demurrer to plaintiff’s claim that defendant school officials assumed a duty to protect her, the court’s grant of ...

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Fifth Amendment limits sexual activity inquiries

Where defendant’s interrogatory and a request for admissions sought to determine whether plaintiff engaged in adultery, plaintiff’s invocation of his right against self-incrimination limits the scope of his  response. In this divorce proceeding, defendant wife has moved to compel responses ...

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Noncompete clauses too broad, violate public policy

Restrictive covenants in defendant doctors’ employment contracts with plaintiff cannot be enforced because they are too broad and violate public policy. Overview Plaintiff Metis Group was under contract with the U.S. Army to provide psychological services. Defendant doctors, Allison and ...

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