Quantcast

Tag Archives: Virginia Circuit Courts

Long litigation waives arbitration provision (access required)

Where defendants, who are minority shareholders, have litigated for six years concerning access to plaintiff’s corporate records, defendants cannot invoke an arbitration provision after plaintiff sought declarative and injunctive relief concerning its rights and responsibilities to defendants. Defendants have waived ...

Read More »

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 ...

Read More »

Foreclosure dispute claims go forward (access required)

Where the Virginia Housing Development Authority was awarded possession of plaintiff’s property in a district court unlawful detainer action, the doctrines of collateral estoppel and res judicata do not bar plaintiff’s claim that the title is defective. The demurrers as ...

Read More »

No-fault divorce statute applied to same-sex couples (access required)

Virginia Code §20-91(A)(9)(a), which allows a husband and wife to obtain a divorce if they live separate and apart without cohabitation and without interruption for one year, applies equally to same-sex married couples. In this case, a same-sex married couple ...

Read More »

Denial of in-state tuition rate had reasonable basis (access required)

A university had a reasonable basis for refusing a student’s request to reclassify her tuition status to that of an in-state resident. She has not overcome the presumption that the acts she claims qualify her for the in-state tuition rate ...

Read More »

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 ...

Read More »