Quantcast

Tag Archives: Fairfax County Circuit Court

More findings needed in unemployment benefits case (access required)

Where the Virginia Employment Commission denied plaintiff unemployment benefits because her employer discharged her for doing inaccurate work, the case is remanded for further proceedings. It cannot be determined from the record whether plaintiff’s acts or omissions were a willful ...

Read More »

Parties’ shared intent resolves latent ambiguity (access required)

Where the parties’ contract provided plaintiffs with a 15% hardship uplift of their pay for working in Afghanistan and neither party knew that Department of State regulations permitted a 35%  maximum, plaintiffs’ claim for the higher uplift is rejected. The ...

Read More »

Support reservation will be considered (access required)

Where plaintiff petitioned to exercise a reservation for additional spousal support that was included in their property settlement agreement (PSA), the court concludes that a showing of changed circumstances is not required to consider the petition. Further, even if changed ...

Read More »

Defense lawyers prevail, attacked ‘reptile’ tactics pre-trial – Defense Verdict (access required)

On Jan. 22, 2015, plaintiff presented to the defendant dermatology practice for evaluation of a non-healing lesion on her shin. A biopsy of the lesion was performed, and the subsequent pathology report reflected the lesion was cancerous. Surgical excision of ...

Read More »

Man ran into tractor-trailer with obscured lights – $400,000 Settlement (access required)

Auto-truck collision wherein plaintiff was returning from D.C., and ran into the back of a tractor-trailer stopped on the roadway in a straight lane to make an illegal turn. Liability was contested, contributory negligence of the plaintiff driver and alcohol ...

Read More »

No forfeiture of $53K truck for $200 drug deal (access required)

The civil forfeiture of a truck valued at $53,000 that was used to unlawfully distribute $200 worth of cocaine would violate the Excessive Fines Clause of the Eighth Amendment and 14th Amendment’s Due Process Clause. Overview In the underlying criminal ...

Read More »

No substitute plaintiffs for cancelled LLC (access required)

The proposed substitute plaintiffs cannot continue a tax-refund suit as successors in interest of plaintiff, a voluntarily cancelled LLC, even though lease agreements authorized the would-be plaintiffs to pay property taxes and challenge assessments. Further, plaintiff lacks standing to continue ...

Read More »