Jurisdictional challenges and argument over the applicability of the long-arm statute are common in federal court. But earlier this month, a Fairfax judge addressed a challenge to state jurisdiction. He applied the ground rules for handling a demurrer to resolve ...

Tagged with: Demurrer Fairfax County Circuit Court Judge Richard E. Gardiner

The court grants a business defendant’s motion to dismiss for lack of personal jurisdiction; long-arm jurisdiction is unavailable because the cause of action did not arise from this defendant transacting business in Virginia. Overview A daycare business, My Little Magic ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

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 ...

Tagged with: Employment Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

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 ...

Tagged with: Contract Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

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 ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

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 ...

Tagged with: Employment Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where a woman filed a divorce suit against her husband in 2003, then nonsuited it, she can obtain a second nonsuit when she filed for divorce again 15 years later, but it counts as a second nonsuit and her husband ...

Tagged with: Fairfax County Circuit Court Judge Richard E. Gardiner

Where a plumbing company sued to enforce a mechanic’s lien against defendant’s property for unpaid work, the lender and the deed trustees are not necessary parties to the case because, by statute, the lien is inferior to the trustees and ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

The statute providing for annual review of a defendant’s involuntary confinement after being found not guilty by reason of insanity satisfies due process under Foucha v. Louisiana, 504 U.S. 71 (1992). The statute requires both a showing of mental illness ...

Tagged with: Criminal Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where this court previously dismissed an applicant’s appeal after the Virginia Board of Nursing found her ineligible for an LPN license, on reconsideration, the matter is remanded so the board can address an undecided eligibility argument that she raised in ...

Tagged with: Administrative Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts