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Tag Archives: Fairfax Circuit Court

Sovereign immunity denied to deputy in car crash case (access required)

Where plaintiff alleges she was injured in a chain reaction collision caused by defendant deputy’s negligence while driving to serve legal papers, defendant’s plea in bar based on sovereign immunity is denied. Defendant’s driving between locations to serve papers was ...

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Case dismissed because commonwealth won’t prosecute (access required)

Where the commonwealth has declined to prosecute defendant for the misdemeanor offense of driving without an ignition interlock system, this court must dismiss the charge. Overview Defendant was charged in the general district court. The commonwealth declined to prosecute. Defendant ...

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Motion for dual recording of deposition denied (access required)

Defendant’s motion for a protective order, which would allow separate but simultaneous recordings of a deposition, is denied. Only one a-v “Section (d)(1) of Rule 4:7A states, ‘Any deposition may be recorded by audio-visual means without a stenographic record. The ...

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Defamation claims related to COVID-19 tests go forward (access required)

Where a pharmaceutical company sued a newspaper for claims arising from an article about COVID-19 home testing, the newspaper’s demurrer to defamation claims is overruled. Demurrers to claims against the paper’s executives in their personal capacity the paper’s parent companies ...

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No suit for assigned percentage of note (access required)

Where plaintiff partially assigned a promissory note to another entity, plaintiff cannot sue a defaulting defendant for the assigned percentage. Overview Plaintiff Walnut Street Finance and defendant Ferguson Holdings entered into a promissory note. Defendant Devon Ferguson signed the note ...

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Wages cannot be recouped for alleged concealed wrongdoing (access required)

Plaintiff employer cannot recoup compensation paid to defendant employee while he allegedly concealed job-related wrongdoing. This letter opinion is issued to explain why it differs from an opposite conclusion another judge of this court reached in a related case. Overview ...

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Rules do not allow ‘plea of the general issue’ (access required)

Plaintiff’s motion to strike defendants’ pleas in bar is granted because defendants have actually filed pleas of the general issues, which are not allowed under Va. Sup. Ct. Rule 3:8(a). Overview Plaintiff has sued defendants for conversion, violation of the ...

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Changes to school’s admissions policy upheld (access required)

Where plaintiffs seek a preliminary injunction to compel the Thomas Jefferson High School for Science and Technology, or TJ, revert to its former admissions policy, which included standardized testing as part of the admissions process, relief is denied because plaintiffs ...

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Third-party claims dismissed with prejudice (access required)

Where a municipality sought contribution and equitable indemnification from an excavating company that performed work two years earlier in the area where plaintiff was injured when she fell into a depression in the ground, the excavating company’s demurrer is sustained ...

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