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Author Archives: Deborah Elkins

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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Tort – Defamation – Conspiracy – Government Contract Billing (access required)

A government contractor has absolute immunity from civil liability for defamation for statements about plaintiff’s billing practices in response to a government contracting officer’s immunity, and defendant contractor’s consultant agreement with plaintiff also allowed defendant’s contracts manager to make the ...

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Consumer Protection – TILA – Rescission Notice – Payment Schedule (access required)

Rejecting the “hypertechnical” enforcement of Truth-in-Lending remedies used in some federal circuits, an Alexandria U.S. District Court dismisses a borrower’s suit seeking rescission on the grounds that the lender allegedly did not clearly state payments were due at monthly intervals ...

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Criminal – Habeas Corpus – DUI Charges – W.Va. Recidivist Law (access required)

Although the state trial court told defendant the most he could get for two DUI-related charges was six years, the court’s life-imprisonment sentence under West Virginia’s recidivist proceedings, after defendant pleaded guilty to the DUI charges, did not warrant habeas ...

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Criminal – Sentencing – Amendment 706 – Career Offender Status (access required)

A drug defendant’s sentence is vacated and remanded for the district court to consider his motion for a reduced sentence under 18 U.S.C. § 3582(c)(2), which the district court refused to consider because defendant had been designated a career offender ...

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