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Author Archives: Deborah Elkins

Domestic Relations – Jurisdiction – Appeal Dismissal – Attorney’s Fees (access required)

The Court of Appeals had authority to award attorney’s fees to wife when it dismissed husband’s earlier interlocutory appeal. Husband earlier appealed a circuit court order denying his motion to terminate that court’s jurisdiction over modification of spousal support to ...

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Criminal – Habeas – Guilty Plea – Firearm Enhancement (access required)

A defendant’s Rule 11 hearing demonstrates his knowing and voluntary guilty plea to an agreement that included a waiver of his right to collateral attack, and the Harrisonburg U.S. District Court denies his § 2255 motion challenging a sentencing enhancement ...

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Civil Rights – Public Employment – School Administrators – Continuing Contract (access required)

An Abingdon U.S. District Court dismisses plaintiff school administrators’ suit against defendant school board under 42 U.S.C. § 1983, which alleges that defendants violated the administrators’ constitutionally protected right to a continuing contract by notifying them at one point that ...

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Insurance – Duty To Defend – Legal Malpractice – Expert Witness (access required)

A Richmond U.S. District Court excludes each side’s expert witness in this dec action by a malpractice carrier who says a lawyer did not timely notify it of a possible claim arising from the lawyer’s drafting a marital settlement agreement. ...

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Consumer Protection – Anticybersquatting Act – In Rem Action (access required)

An Alexandria U.S. District Court grants plaintiff Citigroup’s claim for injunctive relief in this in rem action pursuant to the Anticybersquatting Consumer Protection Act and orders that defendant registrants’ actions have violated the ACPA and VeriSign Inc. Is ordered to ...

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Search & Seizure – Empty Beer Bottles – Search Of Defendant – Probable Cause (access required)

A collection of empty beer bottles in the passenger compartment of defendant’s vehicle, in a parking lot off the George Washington Memorial Parkway, did not provide probable cause to allow a ranger to search defendant, who was outside the vehicle ...

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Traffic Offenses – DUI – ‘Operation’ Of Vehicle – National Park (access required)

A magistrate judge for the Richmond U.S. District Court says a defendant seated in the driver’s seat of his pickup truck, which was running, was in actual physical control of the vehicle and operating it as defined by 36 C.F.R. ...

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Bubba and his mama

Arkansas lawyer David Couch used to make a living defending nursing homes. Till he switched sides and started suing them. He was in Richmond Feb. 26 to talk to the VTLA’s Long-Term Care Litigation Section on such topics as proving ...

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