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Tag Archives: Fairfax Circuit Court

Subcontractor’s $11M claim for computer work dismissed (access required)

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 (access required)

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 (access required)

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 (access required)

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 (access required)

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 (access required)

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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Defendant received effective assistance (access required)

Where petitioner argues he received ineffective assistance of counsel, the petition is a “reiteration” of arguments presented in his denied motion to reconsider his sentence. As a result, the petition is denied. Petitioner Darman argues that counsel’s performance during sentencing ...

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