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Author Archives: Deborah Elkins

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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Intellectual Property – Internet Sales Software – Copyright Registration (access required)

Although plaintiff claims he had an understanding with defendant that he retained the rights to the internet sales software he developed while working for defendant as an independent contractor, a Richmond U.S. District Court dismisses plaintiff’s claim for copyright infringement ...

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Insurance – Grocery Store Fire – Debt For Produce – Insurance Proceeds (access required)

Where trust assets for a market’s payment for produce pursuant to the Perishable Agricultural Commodities Act were used to pay insurance premiums on the market in the Yorktowne Shopping Center in Falls Church, which was destroyed by fire, the produce ...

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Real Estate – Construction Loan – Quiet Title (access required)

A Richmond U.S. District Court dismisses a pro se plaintiff’s claims for a RESPA violation. Plaintiff alleges defendant “routinely violated” the Real Estate Settlement Protection Act, and alleges defendant did not respond to plaintiff’s “qualified written request” as required in ...

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Tort – Computer Fraud – E-Mail Access – Damages (access required)

Although plaintiff incurred expenses to develop a new domain name, Web site and e-mail account after her former husband and business partner allegedly accessed her e-mail account during their divorce proceedings, plaintiff has not alleged the requisite threshold jurisdictional “loss” ...

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