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Author Archives: Deborah Elkins

Immigration – Status Adjustment Application – Mandamus (access required)

An Alexandria U.S. District Court dismisses a petition for a writ of mandamus ordering the U.S. Customs & Immigration Service to adjudicate an application for adjustment of status where the USCIS already has administratively closed the application. Petitioner is a ...

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Insurance – Policy Coverage – Manufacturing Defect (access required)

A manufacturer of baby formula seeking insurance coverage for melamine contamination from a steam valve control failure has its dec action against four insurance carriers stayed by a Richmond U.S. District Court pending resolution of a Virginia state court action ...

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Off The Charts  (access required)

When a plaintiff’s lawyer gets a call on a nursing home case, she may hear a tragic tale. The real story may be buried in the paperwork that tracks the routine daily care provided to a nursing home resident. With ...

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Criminal – Ecstasy – Possession To Distribute – Nature Of Drug (access required)

Although defendant said he found the seven individually wrapped ecstasy tablets along the side of the road and did not know what they were, their packaging and placement with 13 smaller bags containing marijuana showed, according to expert testimony, that ...

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Criminal – Grand Larceny – Auto Theft – Confrontation Right (access required)

A trial court’s admission of an NADA “blue book” estimate of the value of 2004 Toyota Sienna minivan did not violate defendant’s Confrontation Clause rights under Crawford v. Washington and Melendez-Diaz v. Massachusetts, and the Court of Appeals upholds defendant’s ...

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Domestic Relations – Joint Legal Custody – GAL Recommendation (access required)

A trial court failed to comply with Va. Code § 20-124.3 in communicating adequately the basis of its decision awarding joint legal custody and visitation, and the judgment is reversed and remanded by the Court of Appeals. Code § 20-124.3 ...

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