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Tag Archives: Judge Richard E. Gardiner

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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Zoning amendment regarding short-term leases is reasonable (access required)

Where plaintiffs claim a right to make short-term leases (STLs) of their residential homes through online platforms and allege that Fairfax County unreasonably amended its zoning ordinance regarding STLs by not considering the amendment’s effect on plaintiffs’ by-right use of ...

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Judge backs doctor in bid to keep mental records private (access required)

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A Fairfax County judge has sided with a clinical psychologist who declined to turn over a teen’s mental health records in response to a subpoena in the parents’ divorce case. The psychologist said disclosure before a custody hearing could cause ...

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Defendant did not transact business in Virginia (access required)

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 ...

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More findings needed in unemployment benefits case (access required)

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 ...

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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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