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Tag Archives: Virginia Circuit Courts

Will – Interpretation of Provision (access required)

Midgett v. O’Brien (VLW No. 017-8-110, 9pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17-4956. Holding: Where the plaintiff-son and defendant-daughter dispute the terms of their mother’s will regarding a provision allowing the son to purchase his sisters’ shares of a ...

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Retainers – Advanced Payment of Fees and Expenses – Property of Client (access required)

Allen Corporation of America Inc. v. Zayas; Miles & Stockbridge P.C., Garnishee (VLW No. 017-8-098, 6pp.) (Shannon, J.) Fairfax Cir.Ct. CL-2017-07300 Holding: Where the garnishee-law firm held for the defendant-judgment debtor a retainer fee in trust as security for the ...

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Subcontract – Warranty – Virginia Consumer Protection Act – Statute of Limitations (access required)

Johnston v. Stephan (VLW No. 017-8-097, 14 pp.) (Bernhard, J.) Fairfax Cir.Ct.Case No. Cl-2017-5006 Holding: Where the defendant-subcontractor installed a roof under a subcontract with a general contractor employed by a homeowner who then sold the home to plaintiff-homeowners, the ...

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Landlord Proves Fraudulent Conveyance Against Lawyers and Defunct Law Firm (access required)

A partnership that owned the site of a defunct Fairfax County law practice is entitled to judgment against the former principals, including a former congressman, and other entities for $380,864.91 for both fraudulent conveyance and voluntary conveyance. The partnership also ...

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Motion to Strike Sentence Recommendation Denied (access required)

A Fairfax County circuit judge denies a motion to strike a jail sentence recommendation in a sex offender’s presentence report despite the fact that sentencing guidelines recommend probation. The defendant presents a challenge to the generalized authority of probation officers ...

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Virginia Bound by Maryland Immunity Agreement (access required)

A Bedford County circuit judge will suppress or exclude statements made by a felony murder defendant subject to terms of an immunity agreement with prosecutors in Montgomery County, Maryland. The court first addressed whether the commonwealth is contractually obligated by ...

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Contractor Showed No Damage from Exec Departure (access required)

Plaintiff, a company that provides systems engineering and technical support to federal agencies, could not show any lost profits from alleged trade secret misappropriation or other wrongful conduct by a former executive who left to develop her own IT business ...

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Comp Denial Based on Phony Forgery Claim (access required)

The Virginia Employment Commission’s handling of a medical technologist’s proffers of proof that she did not falsify a doctor’s note, and denial of unemployment compensation based on her “misconduct,” are reversed as “arbitrary and capricious” by the Fairfax Circuit Court. ...

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