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Tag Archives: Virginia Circuit Courts

Va. Cir.: Neighboring business was not entity’s registered agent (access required)

This court granted judgment by default against all three Defendants for $85,851, attorney’s fees, and costs. After the Plaintiffs attempted to execute the judgment several times, the Defendants moved to set aside the default judgment on four grounds. The court ...

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Va. Cir.: Country club wins second municipal tax challenge (access required)

For tax purposes, the City of Fairfax must assess Army Navy Country Club’s land as residential property and omit “improvements” (e.g. clubhouse, pool, tennis courts) that would be demolished in the event of residential development. Background This case challenges tax ...

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Va. Cir.: Post-mortem evidence may be admissible in murder trial (access required)

A capital murder defendant moved to exclude evidence of physical damage to the victim occurring after he disposed of her body in a lake. The court declined, in part because such evidence was probative of the manner of disposal. Background ...

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Va. Cir.: Full defendant name may relate back to “Kathy” (access required)

An amended complaint can relate back to the filing date of a name fragment if the plaintiff knew the defendant’s identity but not her name, and if all the statutory requirements of Code § 8.01-6 are met. Background Plaintiff Pam Frazier ...

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Va. Cir.: Easement enforceable despite chain-of-title confusion (access required)

Even though the owner of a servient estate had granted it to himself as trustee of a living trust, his subsequent easement – granted and recorded in his individual capacity – operated as a partial revocation of the prior transfer ...

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Va. Cir.: Liability cap applied to attorneys’ fees (access required)

In a contract for services performed that limited the service provider’s liability to the value of the service, any attorneys’ fees awarded also could not exceed the liability cap. Background In September 2012, Plaintiff LAM Enterprises LLC contracted with Defendant ...

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Va. Cir.: Firearms charges were distinct, not double jeopardy (access required)

The defendant’s conviction for possession of a weapon by a violent felon did not violate his rights under the Double Jeopardy Clause, notwithstanding his previous acquittal by jury of the separate offenses of use of a firearm in the commission ...

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Va. Cir.: Rescission timeline unaltered by incomplete disclosures (access required)

Prospective buyers had only three days to rescind a purchase agreement after receiving the statutorily-required property owners’ association disclosures. The rescission period is not extended due to incomplete information in the disclosures as submitted. Background Plaintiffs Liam and Brandee Daly ...

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Va. Cir.: Attorney, but not client, evades sanctions for frivolous suit (access required)

A plaintiff suing for $4.75 million on a groundless defamation claim is liable for a proportion of the defendant’s litigation fees and costs. The plaintiff’s attorney was not subject to sanctions, as she relied on her client’s information until she ...

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Va. Cir.: Terminal owner struggles to prove property values (access required)

The owner of a tract of land housing a marine container terminal challenged municipal tax assessments on both real and personal property. Neither party presented credible expert testimony on real property value, and the court rejected the owner’s calculation of ...

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