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Tag Archives: Virginia Circuit Courts

Tesla can own and operate car dealership (access required)

The commissioner of the Department of Motor Vehicles correctly ruled that Tesla Motors fell within an exception to the statutory ban of motor vehicle manufacturers owning and operating a car dealership. Overview Code § 46.2-1572(4) prohibits automobile manufacturers from owning, ...

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Sheriff can enforce immigration laws (access required)

The court rejects plaintiffs’ claim that a county sheriff’s cooperation agreement with the Immigration and Customs Enforcement division of the Department of Homeland Security to enforce federal immigration laws is an unauthorized use of local taxpayer funds. Background Defendant Jenkins, ...

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Parties’ shared intent resolves latent ambiguity (access required)

Where the parties’ contract provided plaintiffs with a 15% hardship uplift of their pay for working in Afghanistan and neither party knew that Department of State regulations permitted a 35%  maximum, plaintiffs’ claim for the higher uplift is rejected. The ...

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Support reservation will be considered (access required)

Where plaintiff petitioned to exercise a reservation for additional spousal support that was included in their property settlement agreement (PSA), the court concludes that a showing of changed circumstances is not required to consider the petition. Further, even if changed ...

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Termination claim relied on inapplicable regulations (access required)

A private health care provider’s demurrer to a public-policy wrongful termination claim is granted because the administrative regulations plaintiff relies upon apply only to state-operated facilities. Background Plaintiff Tomes was a regional manager for defendant Encompass, a licensed home healthcare ...

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Actual fraud claim survives demurrer (access required)

Where defendant did not reconvey property to plaintiff as agreed, plaintiff’s allegation that defendant never intended to do so sufficiently states a claim for actual fraud but not constructive fraud. Facts Plaintiff Gutterman purchased residential real estate for $93,500 without ...

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