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Author Archives: Deborah Elkins

Employment Discrimination – Title VII – Teacher – Retaliation – ‘Employer’ – Limitations (access required)

Where a school teacher alleges adverse job actions as retaliation for a racial harassment complaint, the school board’s motion to dismiss based on the 300-day limitations period is denied by a Roanoke U.S. District Court where at least one alleged ...

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Search & Seizure – Felon In Possession – Pat-Down Search – Gunshots (access required)

Where a suspect acted in a furtive manner as he drove away from the area where an officer heard six gunshots, the officer had cause to require the suspect to exit his vehicle and submit to a pat-down, and the ...

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Criminal – Threatening Communications – Intimidation – First Amendment (access required)

A Roanoke U.S. District Court grants the activist defendant’s motion for acquittal as to one count of making threatening communications to a civil rights lawyer; jury findings of guilt are allowed to stand on two other charges of making threatening ...

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Insurance – Dec Action – First-to-File Rule (access required)

In an insurer’s declaratory judgment action to determine a corporation’s liability insurance coverage for a personal injury claim, a Harrisonburg U.S. District Court denies the corporation’s motion to dismiss or transfer the action in consideration of a collateral dec action ...

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Consumer Protection – FDCPA – Injunctive Relief – Debt Cancellation (access required)

In a first-impression case, an Alexandria U.S. District Court says the FDCPA does not allow to a mortgage borrower as a private litigant injunctive and declaratory relief that can cancel or extinguish a debt as a remedy for violations of ...

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Criminal – Child Porn – Restitution – ‘Vicky’ Series (access required)

An Alexandria U.S. District Court orders a man found to have child pornography on his computer that has been traced to a particular juvenile victim whose sexual abuse by her biological father was photographed, filmed and widely distributed on the ...

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Consumer Protection – TILA – Finance Charge – Notary Fee (access required)

A mortgage debtor has not stated a Truth-in-Lending claim against a mortgage lender based on the debtor’s bare assertion of an undisclosed finance charge as part of a $250 notary fee, which the bank claims is covered under the Special ...

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Civil Procedure – Jurisdiction – Abstention – Products Liability Coverage (access required)

A Richmond U.S. District Court refuses to abstain from hearing plaintiff Alfa Laval’s suit seeking a declaratory judgment that its insurance carrier has an obligation to defend and indemnify it under numerous CGL and excess indemnity umbrella policies for asbestos ...

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Civil Procedure – Removal – Defendants’ Consent – Forum Choice (access required)

An Alexandria U.S. District Court remands this case to state court; even though all defendants consented to removal, removal was defective because some defendants were contractually obligated to litigate in state court. The threshold issue in this removed diversity breach ...

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