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Tag Archives: Fairfax Circuit Court

Condo sale before testator’s death adeemed legacies (access required)

Where the bequests to certain beneficiaries were to be funded from the sale of the testator’s condominium, the sale of the condominium before the testator’s death adeemed the bequests. The Commissioner of Accounts erred by concluding otherwise. Her recommendation that ...

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No preliminary injunction in noncompete contract case (access required)

Even though the parties’ non-competition contract is enforceable on its face against defendant, who is plaintiff’s former employee, plaintiff is denied a preliminary injunction because it has not shown irreparable harm or that the equities tip in its favor. Background ...

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Business expenses deducted from income to determine child support (access required)

Where father receives child support payment from mother, father’s income from his rental units may be offset by his reasonable rental business expenses for purposes of calculating the child support guidelines. Background Father owns two residential properties, which he leases. ...

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Punitive damages available in public policy discharge case (access required)

Where plaintiff alleges that he was fired after he complained to defendant employer that he was not being timely paid, he has stated a claim for discharge in violation of public policy. Further, defendant’s demurrer to plaintiff’s claim for punitive ...

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Court will not unseal mother’s expunged criminal records (access required)

In this custody dispute, where petitioner-father seeks to unseal mother’s expunged criminal records and to intervene in pending expungement proceedings, the court denies petitioner’s motions. Father seeks the sealed records as evidence the court should consider when determining the best ...

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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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