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Tag Archives: Fairfax County Circuit Court

Members’ Acts Ratified by Corporate Conduct (access required)

Certain corporate members’ management of a construction project was ratified by sufficient other members, according to majority rule as defined in the corporate operating agreement. Claims challenging such ratified conduct were dismissed. The parties are joint venturers who formed a ...

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University Not Custodian of Foundation Records (access required)

Pursuant to Virginia’s Freedom of Information Act, Petitioner Transparent GMU requested from Respondents George Mason University and the George Mason University Foundation Inc. records relating to donations made or offered, directly and indirectly, to the University by certain private entities ...

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Plaintiff had right to accelerate payments after default – $1,462,500 Verdict (access required)

The trial involved a breach of contract arising from the purchase of Mr. Holman’s ownership interest in Dominion Mechanical. Plaintiff Stephen Holman sought to accelerate principal and interest payments, and attorney’s fees equal to 25 percent of the unpaid balance, ...

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Motion to Strike – Issue for a Jury – Common Knowledge and Experience (access required)

Commonwealth v. Antwan Ray Green (VLW No. 017-8-103, 8pp.) Fairfax Cir.Ct. Case No. FE-2016-1048 Holding: Where the defendant was charged with maliciously wounding the victim with the intent to cause the involuntary termination of her pregnancy and has moved to ...

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Duty of Good Faith and Fair Dealing – Statutory Contract (access required)

Scott Evans v. Fairfax County Public School Board (Lawyers Weekly No. 017-8-104, 15pp.) (Bernhard, J.) Fairfax Cir.Ct. Case No. CL-2017-3884. Holding: Where the court previously sustained the defendant-school district’s demurrer to the plaintiff-teacher’s complaint in relation to an economic duress ...

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Retainers – Advanced Payment of Fees and Expenses – Property of Client (access required)

Allen Corporation of America Inc. v. Zayas; Miles & Stockbridge P.C., Garnishee (VLW No. 017-8-098, 6pp.) (Shannon, J.) Fairfax Cir.Ct. CL-2017-07300 Holding: Where the garnishee-law firm held for the defendant-judgment debtor a retainer fee in trust as security for the ...

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Subcontract – Warranty – Virginia Consumer Protection Act – Statute of Limitations (access required)

Johnston v. Stephan (VLW No. 017-8-097, 14 pp.) (Bernhard, J.) Fairfax Cir.Ct.Case No. Cl-2017-5006 Holding: Where the defendant-subcontractor installed a roof under a subcontract with a general contractor employed by a homeowner who then sold the home to plaintiff-homeowners, the ...

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Operation for melanoma was too extensive – $275,000 Verdict (access required)

Plaintiff was diagnosed with malignant melanoma on his back. Accordingly he underwent a large resection in order to gain clean margins, and sentinel node biopsy. Surgical pathology revealed no cancer. The case was that although the initial biopsy had some ...

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Bid for attorney fees came too late, court says (access required)

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An executive who successfully defended a trade secrets action and then filed to recover attorneys’ fees was too late, under a ruling this month from the Supreme Court of Virginia. The court said the rules required the executive to seek ...

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