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Author Archives: Deborah Elkins

Contract – Real Estate Commission – Statute Of Frauds – Brokerage Agreement (access required)

In this suit seeking a real estate commission, the Supreme Court of Virginia says a trial court erred when it sustained a demurrer to the real estate agency’s complaint on the ground that the claim for breach of an oral ...

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Attorneys – Fees – Lawyer Disqualification – ‘Vexatious’ Standard (access required)

Although defense lawyers showed poor judgment in continuing to represent multiple defendants in this suit alleging medical malpractice and excessive force in the death of a disabled surgical patient at MCV Hospital, a Richmond U.S. District Court says their conduct ...

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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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