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Author Archives: Deborah Elkins

Criminal – Jury Sentence – Teenage Defendant – Malicious Wounding (access required)

Although defendant was only 17 years old when convicted of aggravated malicious wounding, firearm use and participating in a street gang, the trial court did not err in allowing the jury to set defendant’s sentence at 53 years in the ...

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Consumer Protection – FDCPA – Arbitration Award – Jurisdictional Amount (access required)

A Harrisonburg U.S. District Court upholds an arbitration award in this case alleging violation of the Fair Debt Collection Practices Act and Virginia state law, awarding defendant loan company $2,560 in damages, $4,725 in attorney’s fees and $479 in costs; ...

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Employment Discrimination – Disability – Res Judicata – State Grievance Procedure (access required)

A community college employee who was discharged after he allegedly sought treatment for substance abuse but who won reinstatement through the Virginia Department of Employee Dispute Resolution cannot sue the community college for disability discrimination under the Americans with Disabilities ...

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Domestic Relations – Child Support – Orthodontic Expenses (access required)

Although an orthodontist recommended treatment of both children, a trial judge decided treatment was “necessary” only for the 15-year-old, and not for the 12-year-old; the Court of Appeals, with a dissent, affirms an order requiring father to help pay for ...

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Consumer Protection – ECOA – VCPA – Fraud – Transmission Repair (access required)

A woman who alleges defendant auto repair shop promised to repair the transmission in her 1999 Olds Delta 88 for $750, prior to towing it to the shop, but the shop dismantled the car, refused to fix it without more ...

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