Tag Archives: Fairfax County Circuit Court

Commonwealth can sue lender despite arbitration clause (access required)

The commonwealth may pursue claims on behalf of borrowers to enforce the Virginia Consumer Protection Act despite the borrowers’ signed arbitration agreements with the lender. Overview Net Credit, an internet-based lender, made loan agreements with private borrowers. The Commonwealth has ...

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Motion in limine rulings deferred (access required)

The parties’ motions in limine in this medical malpractice matter regarding argument about safety rules, evidence of contributing cause and eliciting undisclosed expert testimony will be deferred until trial. Overview Plaintiff alleges that after her decedent’s kidney surgery, he died ...

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Cancelled LLC proper party for contract claim (access required)

The court will not reconsider its previous ruling to dismiss plaintiff’s claim for breach of contract because the proper party to the suit is plaintiff’s cancelled limited liability company, not plaintiff individually. Overview Defendant moved to strike the evidence and ...

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Fees awarded after second divorce action nonsuited (access required)

Where plaintiff wife nonsuited her 2003 divorce action, her nonsuit of a 2018 divorce complaint against the same defendant husband will be treated as a second nonsuit, entitling defendant to costs and attorney fees under Code § 8.01-380(B). Facts Plaintiff ...

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License plate reader system violates data act (access required)

On remand from the Virginia Supreme Court, the court concludes that the use by the Fairfax County Police Department, or FCPD, of its Automatic License Plate Reader, or ALPR, system violates the Commonwealth’s Governmental Data Collection and Dissemination Practices Act ...

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Nonsolicitation, nondisclosure agreements enforceable in part (access required)

Nonsolicitation and nondisclosure agreements defendant signed after plaintiff hired her are enforceable because they are narrowly drawn to protect plaintiff’s legitimate business interests. However, the noncompete provision in the nondisclosure agreement is not enforceable because it is not narrowly drawn ...

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