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Tag Archives: Fairfax County Circuit Court

Misdemeanor charges OK despite lack of prosecutor (access required)

A Newport News judge has denied a criminal defendant’s motion to dismiss made after the commonwealth’s attorney declined to prosecute a misdemeanor concealed weapon charge. Judge Gary A. Mills agreed with a Fairfax County Circuit Court holding earlier this year ...

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No oyer because documents do not address relevant issue (access required)

Where defendants have filed a motion craving oyer for documents used to transmit two insurance policies and endorsements, the motion is appropriate but it is denied because the documents will not help the court decide a choice of law issue ...

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Statute bars punitive damages in power of attorney case (access required)

Where the court found that defendant breached fiduciary duties by violating the Uniform Power of Attorney Act, plaintiff’s damages are limited to recovery of the lost funds and reimbursement for attorney’s fees and costs. The act does not authorize an ...

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No preclusive effect for adverse ruling in prior defamation case (access required)

A British defamation case, in which the court concluded that a newspaper’s characterization of plaintiff as a “wife beater” was “substantially true,” cannot be given preclusive effect in plaintiff’s defamation case in this court against defendant. Defendant’s plea in bar, ...

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Claims arising from trash fire go forward (access required)

Where plaintiff firefighters claim they were injured while responding to a trash fire at defendant’s facility, the fireman’s rule does not bar their negligence and gross negligence claims. The court overrules defendant’s demurrers. Firefighters’ rule “The fireman’s rule limits liability ...

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Motorist fractured wrist in accident involving impaired driver — $150,000 settlement (access required)

Type of action: Negligence, auto accident Name of case: Thames v. Banks Court: Fairfax County Circuit Court Verdict or settlement: Settlement Amount: $150,000 Attorney for plaintiff (and city): Robert B. Adams, McLean Description of case: The parties were involved in ...

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Demurrer not permitted when circuit court hears appeal (access required)

The Fairfax County Board of Supervisors may not demur to a petition for a writ of certiorari appealing a decision of the county’s Board of Zoning appeals. Overview Harmony Hill Equestrian Center received an unfavorable decision from the county BZA ...

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Court can hear challenge to pastor’s confirmation (access required)

Where members of the Heritage Fellowship Church allege that its board of directors manipulated voter rolls after a failed attempt to confirm a senior pastor by lowering the number of votes needed for the necessary two-thirds majority, and accordingly declared ...

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Alleged abuse of daughters not grounds for cruelty (access required)

Where wife has counterclaimed for a divorce on grounds of cruelty, her allegations that husband sexually abused the parties’ daughters when they were minors, and the effect this had on wife, “do not constitute cruelty for purposes of divorce under ...

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