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Author Archives: Deborah Elkins

Insurance – Duty To Defend – Web Advertising – No-Bark Dog Collars (access required)

A Richmond U.S. District Court says an insurance carrier has no duty under its “Web Xtend Liability” policy to defend plaintiff manufacturer on intellectual property claims from the manufacture and sale of dog training collars that allegedly use another company’s ...

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Civil Procedure – Jury Trial – Malpractice Defense Contract Claim – Dec Action (access required)

A Richmond U.S. District Court says a lawyer who wants a malpractice defense gets a jury trial on his contract counterclaim against his carrier, before trial of the parties’ dec actions. The issue at hand is not squarely whether a ...

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Criminal – Terrorist Conspiracy – Guilty Plea – Brady Claim (access required)

The 4th Circuit upholds the conviction, on a guilty plea, of Zacarias Moussaoui to six criminal conspiracy counts arising from the al Qaeda terrorist organization’s plot to use commercial aircraft to commit terrorist attacks in this country, including the attacks ...

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Civil Procedure – Discovery – FOIA – ‘Common Interest’ Agreement (access required)

In this FOIA action arising from an earlier patent suit brought by New Technology Patents Inc., a client of Hunton & Williams, against Research In Motion Ltd., manufacturer of BlackBerry devices, the 4th Circuit affirms the district court conclusion that ...

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Criminal – Government Contract Fraud – Aviation Fuel Contracts – Restitution (access required)

In the government’s appeal of defendant’s probationary sentence in connection with his guilty plea to fraud charges from his participation in a procurement scheme involving aviation fuel contracts, the 4th Circuit vacates defendant’s sentence and remands for resentencing, and orders ...

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Environmental – Clean Water Act – Natural Gas Terminal (access required)

The 4th Circuit denies a petition for review of the denial by the Maryland Department of the Environment of petitioners’ request for water quality certification under the Clean Water Act of a proposed large-scale liquefied natural gas marine import terminal ...

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Search & Seizure – Auto – Inventory Search – Closed Containers (access required)

A police search of defendant’s impounded vehicle after his arrest on an outstanding warrant did not violate defendant’s Fourth Amendment rights and the 4th Circuit upholds defendant’s firearm conviction and convictions for conspiracy to distribute marijuana and possession with intent ...

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No custody change from mom’s move (access required)

A mom who moved from Virginia to Colorado with her 4-year-old son, without telling the boys dad, did not forfeit custody of the child. Although the child’s guardian ad litem’s report supported a psychologist’s evaluation that the mother’s move had ...

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Labor – FLSA – ‘Changing Clothes’ – Poultry Processer (access required)

A poultry processing plant is not required under the Fair Labor Standards Act to pay employees for “donning and doffing” protective gear, as that activity constitutes “changing clothes,” and the 4th Circuit affirms a judgment that allowed the plant to ...

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Civil Rights – Inmate Medical Care – Deliberate Indifference (access required)

A prison nurse did not necessarily have qualified immunity from an inmate’s claim that the nurse tore up an “Order to Report” slip that prescribed a specific course of treatment for the inmate’s foot infection, and the 4th Circuit reverses ...

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