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Author Archives: Deborah Elkins

Consumer Protection – Odometer Act – VCPA – Discovery – Protective Order (access required)

A Norfolk U.S. District Court denies a protective order to an automobile dealer to prevent plaintiff’s lawyer, who alleges the dealer’s sale of a “new” vehicle with hundreds of miles on the odometer violated the Federal Odometer Act and the ...

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Search & Seizure – Traffic Arrest – Auto Search – Firearm (access required)

On reconsideration, a Richmond U.S. District Court decides not to suppress a firearm seized from defendant’s vehicle after he was arrested for driving on a suspended license; the seizure of the marijuana from defendant triggered the exception to the rule ...

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Administrative – Medicaid Payments – Emergency Ambulance Services (access required)

A Richmond U.S. District Court grants summary judgment to defendant Richmond Ambulance Authority in this suit by plaintiff HealthKeepers Inc. seeking additional payment for ambulance services under the 2007 Medicaid Amendment . Plaintiff HealthKeepers contends the 2007 Amendment applies to ...

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Criminal – Evidence – Business Records – Custodian Cross-Exam (access required)

An accountant charged with participating in a home loan fraud conspiracy by furnishing coconspirators with false tax records has no Sixth Amendment right to cross-examine a custodian of business records before the business records can be admitted, says an Alexandria ...

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Contract – Construction – Surety Bond – Premium Refund Policy (access required)

In this decision from an Alexandria U.S. District Court, a construction company wins its suit alleging fraudulent inducement and false advertising by defendant with regard to its policy for allowing premium refunds on a surety bond plaintiff company needed to ...

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Consumer Protection – Debt Collection – Stolen Credit Card (access required)

A woman who allegedly notified Capital One about her stolen credit card and continued to dispute her credit card bills, cannot sue for alleged harassment and breach of contract based on claims that the collection agency continued to call her ...

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Contract – Telecommunications Act – Exhaustion Requirement (access required)

In this case involving a contract dispute among several telecommunications carriers over fees that defendant carriers have agreed to pay plaintiff carriers for the use of plaintiff’s local telephone network facilities, a magistrate judge for the Richmond U.S. District Court ...

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Contract – Student Loans – False Claims Act – Public Disclosure Bar (access required)

An Alexandria U.S. District Court dismisses a relator’s False Claims Act suit alleging defendant Strayer University engaged in “false certification” for participation in federal financial aid programs, as the action is based upon a “public disclosure” of the alleged conduct. ...

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Civil Procedure – Jurisdiction – Child Support Collection – State’s Interest (access required)

A Richmond U.S. District Court says the commonwealth is the real party in interest in this suit against Supportkids Inc., a Texas company that operates as a private child support collection company, and finding that it has no jurisdiction in ...

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