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Tag Archives: Fairfax Circuit Court

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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3-year-old special needs child died on school bus — $1 million verdict (access required)

Type of action: Wrongful death of a three year old on school bus Injuries alleged: Death by positional asphyxia Name of case: Sabiani v. Fairfax County School Board Court: Fairfax Circuit Court Case no.: CL 2020-12938 Name of judge or ...

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Some counterclaims survive demurrer in defamation case (access required)

Where defendant was sued for defamation and has asserted counterclaims, some claims survive plaintiff’s demurrers while others are barred by the statute of limitations. Background In the underlying suit, filed on March 1, 2019, plaintiff John C. Depp sued defendant ...

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Lifetime sex offender registration order bars gun ownership (access required)

Where petitioner was convicted of a sex crime that requires him to permanently register as a sex offender, the requirement precludes the restoration of his firearm rights. Background After a plea-based conviction of taking incident liberties with a child, petitioner ...

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