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Channel: Judge Penney S. Azcarate | Virginia Lawyers Weekly
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Negligence claim against decedent’s wife dismissed 

Where plaintiff sued decedent’s estate, alleging the decedent sexually abused him, a negligence claim against decedent’s wife based on theories of employer-employee, business proprietor-invitee and...

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Defendant lacks legal obligation to plaintiff in collection case 

Defendant is entitled to summary judgment in this collection case because plaintiff has produced no evidence of any legal obligation between defendant and the entity that defaulted on loans obtained...

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No preclusive effect for adverse ruling in prior defamation case 

A British defamation case, in which the court concluded that a newspaper’s characterization of plaintiff as a “wife beater” was “substantially true,” cannot be given preclusive effect in plaintiff’s...

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Wheel fell off truck after routine servicing — $200,000 verdict 

Type of action: Negligence, personal injury Injuries alleged: Concussion, subdural hematoma Name of case: Sheckels v. Handley Motor Company Inc. Court: Fairfax County Circuit Court Case no.: CL...

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‘Valid and enforceable’: Prenup corroborated testimony under Dead Man’s Statute

A circuit court upheld the validity of a premarital agreement after ruling that the document could corroborate an adverse party’s testimony under Virginia’s “Dead Man’s Statute.” After her husband died...

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Premarital agreement is enforceable

Where plaintiff and her now-deceased husband signed a premarital agreement in which each party disavowed any interest in the other’s assets, the agreement is enforceable despite plaintiff’s arguments...

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Negligent entrustment claim moves forward

The court overrules defendants’ demurrer to a negligent entrustment claim arising from their son’s fatal shooting of two people. Plaintiff’s amended complaint alleges, in the court’s words, that...

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Contractual statute of limitations dispute resolved

Where plaintiff sued for damages arising from a breach of contract, plaintiff sued within the contractual statute of limitations. Overview Under a Jan. 4, 2013, subcontract, A-T Solutions, Inc. (A-TS)...

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Plea in bar was a plea of general issue

Where plaintiff alleged defendants breached contracts to not disclose trade secrets, the court grants plaintiff’s motion to strike defendants’ pleas in bar, which maintain that the contracts were an...

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Defendant can relitigate motion to suppress

Even though a motion to suppress was denied in a previous prosecution, defendant is not estopped from relitigating the matter because he did not have a full and fair opportunity to litigate it in the...

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