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Tag Archives: Judge Richard E. Gardiner

Case dismissed because commonwealth won’t prosecute (access required)

Where the commonwealth has declined to prosecute defendant for the misdemeanor offense of driving without an ignition interlock system, this court must dismiss the charge. Overview Defendant was charged in the general district court. The commonwealth declined to prosecute. Defendant ...

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Judge: No prosecutor means charges must be dismissed (access required)

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A Fairfax County circuit judge has ruled that criminal charges must be dismissed if the commonwealth’s attorney’s office declines to prosecute. The ruling arises from the decision by Fairfax Commonwealth’s Attorney Steve Descano not to prosecute many misdemeanor cases, often ...

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Prior suit not res judicata for easement counterclaim (access required)

Because defendants in the current suit concerning a lake access easement were not in privity with the plaintiff in a prior suit concerning the same easement, res judicata does not bar defendants’ counterclaim against plaintiffs in the current suit. Alleged ...

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Rules do not allow ‘plea of the general issue’ (access required)

Plaintiff’s motion to strike defendants’ pleas in bar is granted because defendants have actually filed pleas of the general issues, which are not allowed under Va. Sup. Ct. Rule 3:8(a). Overview Plaintiff has sued defendants for conversion, violation of the ...

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Third-party claims dismissed with prejudice (access required)

Where a municipality sought contribution and equitable indemnification from an excavating company that performed work two years earlier in the area where plaintiff was injured when she fell into a depression in the ground, the excavating company’s demurrer is sustained ...

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Virginia comp bar won’t apply to Maryland employees (access required)

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The Virginia statute that blocks tort recovery against a fellow employee for on-the-job injuries doesn’t apply when those injuries were covered by Maryland, not Virginia, workers’ comp law, a circuit judge has ruled. The Nov. 13 decision by Fairfax Circuit ...

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Maryland workers’ comp award no bar to personal injury suit (access required)

Plaintiff may sue for personal injuries arising from an automobile accident in Virginia even though he was awarded workers’ compensation benefits in Maryland. Background Plaintiff and defendant Edwards are both Maryland residents and work for the same Maryland employer. Edwards ...

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City charter signature provisions are valid (access required)

Where COVID-19 emergency orders hampered plaintiffs’ efforts to collect signatures on a petition to have the city of Norfolk adopt a “2nd Amendment Preservation” ordinance, the signature requirements in Norfolk’s city charter are not unconstitutional as applied to plaintiffs. Further, ...

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