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Tag Archives: Judge Robert J. Smith

Defamation claims related to COVID-19 tests go forward (access required)

Where a pharmaceutical company sued a newspaper for claims arising from an article about COVID-19 home testing, the newspaper’s demurrer to defamation claims is overruled. Demurrers to claims against the paper’s executives in their personal capacity the paper’s parent companies ...

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Incapacitated recipient must repay SNAP benefits (access required)

Where the Virginia Department of Social Services paid Supplemental Nutrition Assistance Program benefits to an incapacitated person who was not qualified to receive them, the decision to recoup the benefits must be affirmed. Background Mohammed Moosavi is an incapacitated person. ...

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Privity of contract not required for mechanic’s lien (access required)

A general contractor properly recorded a mechanic’s lien against a corporate entity after not being paid in full for designing and building work. The entity’s owners, who contracted with the contractor, cannot seek to have the lien released on the ...

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Amended complaint sufficiently alleges special relationship (access required)

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 (access required)

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 (access required)

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 (access required)

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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