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Author Archives: Deborah Elkins

Employment – Contract – College Professor – Injunction (access required)

A Big Stone Gap U.S. District Court sympathizes with a professor who has been notified his contract is not being renewed, but the court cannot grant a preliminary injunction against that termination. Although he was notified that his contract was ...

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Creditor’s Rights – Furnishings Not ‘Connected’ To Property (access required)

Furnishings for a bankrupt hotel are not “improvements” that can be claimed under a mechanic’s lien, and a Harrisonburg U.S. District Court reverses a bankruptcy court order allowing the furniture to be claimed in a supplier’s mechanic’s lien. Summit argues ...

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Criminal – Proceeds Forfeiture – Motel Owner – Excessive Fines (access required)

In this case involving the government’s request for forfeiture of $358,390 in criminal proceeds from a corporation that owned a motel and participated in a conspiracy to bring prostitutes from out-of-state to work in West Virginia motels, the 4th Circuit ...

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Criminal – Sentencing – Reckless Endangerment – Flight (access required)

The 4th Circuit upholds a two-level “reckless endangerment” enhancement under USSG § 3C1.2 of defendant’s cocaine distribution sentence, based on his entry into another person’s apartment while fleeing on foot from officers attempting to arrest him. The district court did ...

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Employment Discrimination – Sexual Harassment – S.C. Law – Supervisor Status – Constructive Discharge (access required)

The 4th Circuit vacates summary judgment for employer in a female assistant retail store manager’s suit alleging the male store manager verbally, and with intrusive physical contact, sexually harassed her in violation of South Carolina state law, leading her to ...

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Search & Seizure – Drug Surveillance – Probable Cause – Officer’s Experience (access required)

The 4th Circuit rejects defendant’s claim that it is sanctioning detention of anyone touching hands with someone else in a high-crime area, and upholds admission of evidence and defendant’s drug and gun convictions; the experience of a police officer, who ...

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