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Tag Archives: Judge Robert J. Smith

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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License plate reader system violates data act (access required)

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 (access required)

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 (access required)

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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Va. Cir.: Quasi-contract claims were within agreement’s scope (access required)

A subcontractor could not prevail on claims of quantum meruit or unjust enrichment when the disputed matters were clearly within the scope of the parties’ agreement. Background In 2014, Plaintiff Total Technology Solutions entered into an agreement with Defendant ActioNet ...

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Challengers to school’s name change lack standing (access required)

Taxpayers in Fairfax County lacked standing to challenge the school board’s decision to rename a school named for a Confederate general. On December 7, 2015, Defendant Sandra Evans, a school board member, sponsored an amendment to Regulation 8170, which governs ...

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Patient claimed weakness after back surgery – Defense Verdict (access required)

On Feb. 19, 2010, plaintiff underwent revision of a spinal cord stimulator module to ad-dress chronic lower back and lower extremity pain. Plain-tiff’s surgical course was unremarkable, and the surgery was successful in replacing the stimulator. But upon emergence from ...

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Harmless error rule allows use of ‘de facto will’ (access required)

Last Will and Testament FEA

Virginia lawyers have had a tool to validate wills that fail to meet the strict requirements of authentic­ity for almost nine years. Lawyers report increasing use of what has been called the “harmless error rule” for wills that don’t quite ...

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