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Author Archives: Deborah Elkins

Civil Procedure – Discovery – Corporate Designee (access required)

In this patent infringement dispute, a Richmond U.S. District Court grants plaintiff Humanscale’s motion to compel and orders defendant CompX to provide certain sales data and to make properly prepared designees available as corporate representatives for separate depositions on both ...

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Insurance – Life Insurance Proceeds – Beneficiary Change (access required)

A Richmond U.S. District Court declines to dismiss an insurance carrier’s declaratory judgment action to resolve who was entitled to decedent’s $54,800 in employee life insurance benefits, his ex-wife who claimed under a property settlement agreement, or his second wife ...

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Consumer Protection – Vehicle Repo – Bankruptcy Petition – Ipso Facto Clause (access required)

The 2005 BAPCA eliminated the “ride-through” option that permitted Chapter 7 debtors who were current on their car loans to continue making payments and keep the car after bankruptcy discharge, and the 4th Circuit affirms a lower court’s decision to ...

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Civil Procedure – Settlement Agreement – Indemnity – Scope (access required)

In this trademark infringement dispute between plaintiff Noell Crane Systems and defendant Noell Crane and Services Inc., a Norfolk U.S. District Court holds that the Settlement Agreement between the parties requires NCSI to specifically perform its obligations under the Agreement, ...

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Civil Procedure – Class Action – Diversity – Citizenship – LLC (access required)

In this appeal of a South Carolina plaintiff’s class action suit against payday lenders, the 4th Circuit says that a defendant LLC is an “unincorporated association” under 28 U.S.C. § 1332(d)(10), and therefore is a citizen of the state under ...

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Search & Seizure – Private Security Guards – Miranda Warnings – Va. Statute (access required)

Virginia’s statutory authorization for private security guards to make arrests does not necessarily mean the guards are state agents, and the 4th Circuit reverses an order suppressing marijuana evidence obtained by private security guards from a defendant arrested at an ...

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Court sees six DVDs of teen questioning

Looking for a tutorial on police interrogation tactics? We’ve got something better than a Law & Order rerun. Two Norfolk police detectives brought 17-year-old Kelsey Erin Helvenston into the police station on March 22 to question her about a fatal ...

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P.i. plaintiffs post win on nonsuit issue  (access required)

The latest battle over nonsuit rights may be heating up across Virginia. A new circuit court case clearly rejects a controversial decision last summer that dismissed a p.i. suit because it was refiled with an increased ad damnum. Last August, ...

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