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Tag Archives: Judge Richard E. Gardiner

Cancelled LLC proper party for contract claim (access required)

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 ...

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Fees awarded after second divorce action nonsuited (access required)

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 ...

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Nonsolicitation, nondisclosure agreements enforceable in part (access required)

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 ...

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Mechanic’s lien inferior to trustees’ and lender’s interests (access required)

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 ...

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Annual insanity review statute constitutional (access required)

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 ...

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Nursing licensure matter remanded to board (access required)

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 ...

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Quashed subpoena duces tecum might be revived (access required)

A previously quashed subpoena duces tecum served on a law firm can be revived and served if plaintiff’s post-judgment discovery efforts are unsuccessful in the underlying case and if plaintiff makes certain showings concerning the document’s prior availability. Facts In ...

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Va. Cir.: Misdemeanor conviction bars felony records expungement (access required)

Possession of marijuana with intent to distribute – a misdemeanor – is a lesser-included offense of the felony of distribution of more than half an ounce but less than 5 pounds of marijuana. A petitioner convicted of the misdemeanor was ...

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