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Tag Archives: Virginia Circuit Courts

Malicious prosecution damages reduced (access required)

A Virginia state court has substantially reduced a jury’s award of $95,000 in compensatory damages and $105,000 in punitive damages in a malicious prosecution case. Although the plaintiff suffered greatly and incurred almost $100,000 in medical bills, Judge Everett A. ...

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‘Romantic partner’ clause void as against public policy (access required)

A clause in a property settlement agreement requiring “great care” before either party introduces a romantic partner to the child is vague and cannot be enforced. Further, where the court has ruled that the parties will pay their child’s unreimbursed ...

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Changed circumstances do not warrant custody change (access required)

Where the child’s mother, father and grandmother had legal custody, and the grandmother had primary physical custody, mother’s physical custody petition is denied. Although there has been a material change in circumstances, the child’s best interest is served by continuing ...

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Inadequate courtroom prompts venue change (access required)

Where two defendants in this four co-defendant jury trial have moved to change venue from Fauquier County, the motions are granted because the existing courtrooms in Fauquier County cannot adequately handle the logistics of conducting the trial. Introduction Four defendants ...

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Lack of privity dooms claim in mortgage case (access required)

Where plaintiff claims that defendant, a mortgage loan servicer, breached a contract, plaintiff’s claim is dismissed because “the Court is unable to determine exactly what [plaintiff] is claiming[.]” Overview In 2005, Perez, the plaintiff in this case, alleges that she ...

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No appeal of preliminary protective order denial (access required)

Where appellant seeks to appeal  the general district court’s denial of preliminary protective orders, the circuit court lacks appellate jurisdiction because there is no final order in this matter. Not final “When the Circuit Court exercises its appellate jurisdiction in ...

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Eave overhang immaterial to adverse possession claim (access required)

Where the court previously ruled that the boundary line between the parties’ property is defendants’ fence, which is on land defendants obtained by adverse possession, the fact that a roof eave on plaintiffs’ shed overhangs the fence does not defeat ...

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No warrant issued in geo-fence case (access required)

Where a prosecutor and the Arlington County Police Department have requested a geo-fence search warrant, the warrant will not issue because it “lacks sufficient particularity and reads as a general warrant.” Relevant facts “The Commonwealth’s Attorney, with the Arlington County ...

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