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Author Archives: Deborah Elkins

Consumer Protection – Real Estate – ILSFDA – Luxury Community – 100-Lot Exemption (access required)

In this couple’s suit against defendants who allegedly misrepresented luxury amenities available in a residential community affiliated with the Ritz-Carlton Hotel, an Alexandria U.S. District Court says a “100-lot” exemption to the Interstate Land Sales Full Disclosure Act does not ...

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Consumer Protection – Real Estate – ILSFDA – Luxury Community – 100-Lot Exemption (access required)

In this couple’s suit against defendants who allegedly misrepresented luxury amenities available in a residential community affiliated with the Ritz-Carlton Hotel, an Alexandria U.S. District Court says a “100-lot” exemption to the Interstate Land Sales Full Disclosure Act does not ...

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Contract – Waiver – Golf Club Investment (access required)

A couple who invested in residential real estate that was part of “The Ritz-Carleton Golf Club, Creighton Farms,” cannot sue defendant Creighton Enterprises because the couple’s suit is barred by the waiver clause in the parties’ 2009 Creighton Residential Cooperation ...

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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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