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Author Archives: Deborah Elkins

Domestic Relations – Void Marriage Decree – Attorney’s Fees (access required)

The Court of Appeals summarily affirms a trial court’s declaration that appellant’s marriage was void ab initio, and awarding appellee wife attorney’s fees and costs. The parties were married in Korea in 2002. Wife filed for divorce in 2007, alleging ...

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Criminal – Aggravated Sexual Battery – Indictment Amendment (access required)

The Court of Appeals says a trial court did not err in amending, prior to arraignment, one indictment charging indecent liberties with a child under Va. Code § 18.2-370 to charge aggravated sexual battery, and defendant’s conviction of that charge ...

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Domestic Relations – Jurisdiction – Appeal Dismissal – Attorney’s Fees (access required)

The Court of Appeals had authority to award attorney’s fees to wife when it dismissed husband’s earlier interlocutory appeal. Husband earlier appealed a circuit court order denying his motion to terminate that court’s jurisdiction over modification of spousal support to ...

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Criminal – Habeas – Guilty Plea – Firearm Enhancement (access required)

A defendant’s Rule 11 hearing demonstrates his knowing and voluntary guilty plea to an agreement that included a waiver of his right to collateral attack, and the Harrisonburg U.S. District Court denies his § 2255 motion challenging a sentencing enhancement ...

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Civil Rights – Public Employment – School Administrators – Continuing Contract (access required)

An Abingdon U.S. District Court dismisses plaintiff school administrators’ suit against defendant school board under 42 U.S.C. § 1983, which alleges that defendants violated the administrators’ constitutionally protected right to a continuing contract by notifying them at one point that ...

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Insurance – Duty To Defend – Legal Malpractice – Expert Witness (access required)

A Richmond U.S. District Court excludes each side’s expert witness in this dec action by a malpractice carrier who says a lawyer did not timely notify it of a possible claim arising from the lawyer’s drafting a marital settlement agreement. ...

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Consumer Protection – Anticybersquatting Act – In Rem Action (access required)

An Alexandria U.S. District Court grants plaintiff Citigroup’s claim for injunctive relief in this in rem action pursuant to the Anticybersquatting Consumer Protection Act and orders that defendant registrants’ actions have violated the ACPA and VeriSign Inc. Is ordered to ...

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