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 ...

Tagged with: Employment Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Even assuming without deciding that an autopsy report was testimonial and that defendant had a right to confront the report’s author at the preliminary examination, any error caused by the author’s absence was harmless. The author of a forensic pediatric ...

Tagged with: Criminal Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

A motion to disqualify an attorney based on a conflict of interest in this minority shareholder corporate dispute is denied. There is no evidence as of yet to show that his clients’ interests are materially adverse to those of the ...

Tagged with: Attorneys Chesapeake Circuit Court Judge Rufus A. Banks Jr. Virginia Circuit Courts

Sovereign immunity bars a suit against a county garbage truck driver who hit and injured a pedestrian while he was driving his route. Background Defendant was driving his garbage collection route when he struck and injured plaintiff while making a ...

Tagged with: Fairfax County Circuit Court Judge Grace Burke Carroll Negligence Virginia Circuit Courts

A real estate project owner did not breach a reciprocal easement agreement (REA) with a business that bought property within the project by adding common area repair and construction costs to monthly common area maintenance (CAM) fees. Facts RAMCO Virginia’s ...

Tagged with: Contract Judge Charles S. Sharp Stafford County Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

The court lacks jurisdiction to enter a child custody order due to the residency of the parties and their child, and because this court has not previously entered a custody order in this divorce case. Background Plaintiff father and defendant ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Where a contract with a funeral home gave two individuals authority to receive the decedent’s cremains, the funeral home did not breach the contract by giving both urns containing the cremains to only one of the named individuals. Overview Plaintiff ...

Tagged with: Civil Practice Judge Christopher Clemens Roanoke Circuit Court Virginia Circuit Courts

Where a police officer received a report at 2 a.m. that students were “fleeing” from a high school where they had been attending an all-night graduation party, sovereign immunity bars a negligence claim by a motorist who was injured when ...

Tagged with: Fairfax County Circuit Court Judge Randy I. Bellows Negligence Virginia Circuit Courts

Where the amount of the confessed judgment was larger than the amount agreed to in the underlying note, the court lacked jurisdiction to accept the confessed judgment and it is void ab initio. The parties, Forge LLC and Pearson, executed ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Daniel E. Ortiz Virginia Circuit Courts