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Tag Archives: Fairfax County Circuit Court

Plaintiff lacks standing to sue for undue influence

Where plaintiff was not the personal representative of the decedent’s estate, he lacks standing to sue his sister for undue influence, unjust enrichment and breach of fiduciary duty. His fraud claim, however, goes forward. His request for an accounting is ...

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Sole proprietor not required to have workers’ comp insurance

A working owner of an unincorporated business is not an employee within the meaning of the Virginia Workers’ Compensation Act. Further, the business’ customers do not employ the business’ workers. As a result, the business owner was not required to ...

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Dead Man’s statute corroboration requirements

Where eight consolidated cases present opportunities to apply Virginia’s Dead Man’s statute, the court clarifies the statute’s corroboration requirements. Overview Estate of Lohman has been consolidated with Rosenthal/Bavely. The common thread is application of the Dead Man’s statute. “In Lohman, ...

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Employment discrimination claim survives demurrer

Where an auditor presented evidence to a county school board of alleged wrongdoing by “senior leadership,” her claim against the board under the Virginia Fraud Against Taxpayers Act goes forward. The board’s demurrer is overruled. Plaintiff “sufficiently alleges facts sufficient ...

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Young woman struck by work van, developed knee lesion — $275,000 settlement

Type of action: Personal injury Injuries alleged: Morel-Lavallee lesion, scarring Court: Fairfax County Circuit Court Date resolved: 6/30/2022 Special damages: $85,000 in medical bills Verdict or settlement: Settlement Amount: $275,000 Attorney for plaintiff (and city): Justin W. Curcio, Alexandria Description ...

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