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Tag Archives: Judge Richard E. Gardiner

Maintenance contract not subject to motion craving oyer (access required)

Where a maintenance contract was referenced in the complaint, a motion craving oyer of the contract is denied. Oyer developments Plaintiff referenced a maintenance contract in a complaint against a homeowners association and other defendants. PLM, a maintenance contractor and ...

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Medical group can sue insurer for unpaid bill (access required)

A healthcare provider has a private right of action under a statute that requires medical insurers to pay for emergency care without prior authorization regardless of whether the provided emergency services are in-network or out-of-network. The insurer’s demurrer to the ...

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Doctors can use statute to sue over insurance payment (access required)

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Doctors who billed nearly $250,000 but were paid less than $15,000 can sue their patient’s health plan under a Virginia statute setting pay rates for out-of-network emergency care, a circuit judge has ruled. A statute establishing what’s known as the ...

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Fifth Amendment limits sexual activity inquiries (access required)

Where defendant’s interrogatory and a request for admissions sought to determine whether plaintiff engaged in adultery, plaintiff’s invocation of his right against self-incrimination limits the scope of his  response. In this divorce proceeding, defendant wife has moved to compel responses ...

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Court has jurisdiction over claim against county (access required)

Where Fairfax County has adopted by resolution its own polices and practices for the procurement of goods and services, the county is wholly exempt from Virginia’s Public Procurement Act. A contractor’s judicial review rights are determined with reference to the ...

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Doctor’s motion to quash records subpoena granted (access required)

Where a child’s therapist, who is not a party to this divorce action, moved to quash a subpoena duces tecum of the child’s mental health care records, the motion is granted. The controlling statute allows a health care professional to ...

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Short-term rentals not existing property ‘use’ (access required)

Where the court has previously denied plaintiffs summary judgment on their claim that Fairfax County unreasonably amended its zoning ordinance to regulate short term leases of residential property, plaintiffs erroneously argue in a motion for reconsideration that the court determined ...

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