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Author Archives: Deborah Elkins

Bankruptcy – Student Loan – Post-Petition Interest – Collection Costs (access required)

A bankruptcy court did not have jurisdiction to determine post-petition interest and collection costs on a defaulted student loan that occurred after the Chapter 13 estate was closed and the debtor discharged, and the 4th Circuit reverses the district court ...

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Constitutional – First Amendment – Airport Newspaper Racks (access required)

A public airport’s total ban on newspaper racks inside its terminals violates the First Amendment and the 4th Circuit upholds summary judgment for plaintiff newspaper publishers. We found a similar ban unconstitutional in Multimedia Pub. Co. of S.C. Inc. v. ...

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Real Estate – Easement – Deed – Partial Release – Reconsideration (access required)

An Alexandria U.S. District Court denies plaintiff’s motion to reconsider the court’s Oct. 22, 2009 decision (VLW 009-3-578) rejecting plaintiff’s claim for an easement. Plaintiff essentially argues the note holder’s signing the deed of partial release created a conditional easement. ...

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Municipal – Playground Equipment – Warranty Claims (access required)

A Salem Circuit Court grants the city’s demurrer to plaintiff’s negligence and warranty claims based on plaintiff’s allegations of injury from the city’s purchase and installation of defective playground equipment in a public city park. The city demurrer claims immunity ...

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Traffic Offenses – Eluding Officer – Double Jeopardy – Continuing Offense (access required)

A defendant who sped through Roanoke County and Salem City to get away from police cannot be charged in both jurisdictions with felony eluding police; because he was acquitted of the charge in Roanoke County, the charge in Salem likewise ...

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Employment – Contract – Noncompete – Competitive Activity (access required)

A noncompete agreement will not be enforced against a defendant who left BB&T Insurance because the noncompete provision is so broad it would prevent defendant from encouraging any BB&T employee or even, an independent contract janitor, from pursuing higher education, ...

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Tort – Defamation – Public Official – Law Of The Case (access required)

A former Navy officer who nonsuited his claim that The Virginian-Pilot defamed him with an editorial that attacked his “openly racist and anti-Semitic” writings, cannot relitigate his status as a public official and public figure in his re-filed suit, says ...

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Domestic Relations – Termination Of Parental Rights – Child’s Truancy (access required)

A mother contends her daughter’s truancy was not a valid, legal basis for termination of her parental rights under Va. Code § 16.1-283(B), and the Court of Appeals says termination on that basis was improper. However, the appellate court upholds ...

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