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Tag Archives: Judge John M. Tran

Noncompete clauses too broad, violate public policy (access required)

Restrictive covenants in defendant doctors’ employment contracts with plaintiff cannot be enforced because they are too broad and violate public policy. Overview Plaintiff Metis Group was under contract with the U.S. Army to provide psychological services. Defendant doctors, Allison and ...

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Noncompete went too far to limit employees (access required)

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Saying businesses have no right to put an “impermeable barrier” around employees and contractors, a Fairfax circuit judge has rejected an action to enforce broadly written noncompete and nonsolicitation clauses. The ruling could open opportunities for medical professionals and others ...

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No personal liability in dirt-dumping case (access required)

Where plaintiff alleges that defendant trucking company breached a contract by dumping excessive amounts of dirt on her property, the trucking company’s owner cannot be held personally liable for damages. Further, under the “source of duty” rule, plaintiff cannot maintain ...

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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 ...

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Baby’s shoulder injured during birth – $2,320,335 Verdict (access required)

The minor plaintiff’s mother was admitted to INOVA Fairfax Hospital on March 10, 2010, for labor and delivery. The prenatal course and labor were uneventful. At the time of delivery of the head, the defendant obstetrician recognized a shoulder dystocia ...

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Va. Cir.: GMU Foundation not a public body subject to VFOIA (access required)

The George Mason University Foundation Inc. is an independent corporate entity whose records are not subject to freedom-of-information requirements, even if the records relate to funds used to support the University, itself a public body. Nonetheless, the University’s Gift Acceptance ...

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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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Noncompete Void for ‘Independent Contractor’ (access required)

An employer cannot enforce a noncom­pete provision in a speech therapist’s con­tract; the provision is overbroad and is void as the contract misclassifying the defen­dant speech therapist as an independent contractor violates Virginia public policy, says a Fairfax Circuit Court. ...

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