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Tag Archives: Judge Robert J. Smith

Amended complaint sufficiently alleges special relationship

In this case arising from plaintiff’s allegations that another student assaulted her on a school bus, where the court previously sustained a demurrer to plaintiff’s claim that defendant school officials assumed a duty to protect her, the court’s grant of ...

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Defendant received effective assistance

Where petitioner argues he received ineffective assistance of counsel, the petition is a “reiteration” of arguments presented in his denied motion to reconsider his sentence. As a result, the petition is denied. Petitioner Darman argues that counsel’s performance during sentencing ...

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Condo owners cannot contest development decision

Plaintiffs, who are individual members of a condominium owners association, lack standing to challenge Fairfax County’s decision to approve defendants’ application to undertake a townhouse development project adjacent to plaintiff’s property. Overview The Dulles Professional Center Condominium Unit Owners Association ...

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Gross negligence claim stated in school assault case

Where plaintiff alleges a classmate sexually attacked her during a school field trip, she has stated a gross negligence claim against defendant school officials. Facts Plaintiff alleges that a classmate, KN, sexually assaulted her on a bus during a school ...

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License plate reader system violates data act

On remand from the Virginia Supreme Court, the court concludes that the use by the Fairfax County Police Department, or FCPD, of its Automatic License Plate Reader, or ALPR, system violates the Commonwealth’s Governmental Data Collection and Dissemination Practices Act ...

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Defective indemnity letter bars auto crash appeal

Where defendant became liable for damages arising from an accident involving a leased vehicle, his circuit court appeal is dismissed because a letter from the vehicle’s owner was not a “written irrevocable confirmation of indemnity coverage” for appeal purposes. There ...

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Va. Cir.: Distinct contract claim was eligible for nonsuit

Despite past litigation on the parties’ agreements that ended in a nonsuit, the present litigation – though based on the same contracts – is eligible for separate nonsuit because the present claims arise out of a separate transaction or occurrence ...

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