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Author Archives: Deborah Elkins

Domestic Relations – Adoption – Parent’s Non-Consent – ‘Detriment To Child’ (access required)

The Court of Appeals says a trial court is constitutionally required to consider whether a child’s continued relationship with a biological parent is detrimental to the child, and, because the trial court here failed to make that finding prior to ...

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Criminal – Search & Seizure – CI Tip – Reliable Informant – General Information (access required)

A confidential police informant was reliable where he provided tips that resulted in 12 search warrants over an 18-month period, seizures of money, drugs and firearms and a number of arrests, but he provided only general information (type of car, ...

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Contract – False Claims Act – Water Services – Disclosure Statement (access required)

In this suit by a qui tam plaintiff, a former water purification specialist at Camp Ar Ramadi in Iraq who alleges that defendant government contractor failed to test and treat the camp water and dispensed contaminated water while billing the ...

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Employment Discrimination – Bankruptcy Filing – Claim Omission – Judicial Estoppel (access required)

Although a pro se plaintiff says she did not know she needed to include her employment discrimination claim against her employer when she filed for bankruptcy, she still is judicially estopped from pursuing the claim in Richmond U.S. District Court ...

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Immigration – Temporary Protected Status – ‘Continuous’ Presence (access required)

The 4th Circuit dismisses a petition for appeal filed by three Honduran siblings who seek to overturn an administrative final order that rejected their request for Temporary Protected Status. Petitioners Jorge Ramos Cervantes, Paola Ramos Cervantes, and Daniel Ramos Cervantes, ...

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Creditor’s Rights – Farm Produce – PACA Trust (access required)

A seller of farm produce has a trust on sale proceeds under the Perishable Agricultural Commodities Act, but the 4th Circuit remands the case for reconsideration of the amount the district court required for payment. Two sellers of perishable agricultural ...

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Criminal – Sentencing – Guidelines Presumption – Illegal Entry (access required)

A district court’s comment that it was “obligated” to give a defendant a guidelines sentence unless there was a reason for departure smacks of an “impermissible presumption,” the 4th Circuit says, and it remands for resentencing. Appellant Dario Mendoza-Mendoza, a ...

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