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Author Archives: Deborah Elkins

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Best of 2006 – Top Cases (access required)

FEDERAL COURTS One of the top stories in federal courts covered by Virginia Lawyers Weekly has been the unfolding effect of U.S. v. Booker on criminal sentences. Under Booker, guidelines set by the U.S. Sentencing Commission are no longer mandatory, ...

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Give a dog a bone (access required)

Pets – excuse me, animal companions – are big business in America. Any shopper who idly wanders the aisles at PetSmart can see that dogs are among the most pampered of pets. Even purveyors of luxury goods know there’s a ...

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No negligence claim for false HIV test (access required)

A technician who received a “false positive” HIV test after a needle stick at work cannot sue the company that reported the wrong result for negligence, an Abingdon federal district court has ruled. The magistrate judge and district judge on ...

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No VPCA claim for ?medical device' suit (access required)

A patient alleging dental malpractice cannot sue a manufacturer of orthodontic headgear under the Virginia Consumer Protection Act, under an Oct. 19 decision by a Norfolk Circuit judge. The VCPA, which allows treble damages for willful violations and attorney’s fees, ...

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Auto buyer must arbitrate her claim (access required)

An unhappy car buyer cannot bail on arbitration with a dealer by seeking sanctuary in a major federal consumer protection statute. In Aston v. Nissan N.A. Inc. (VLW 006-8-211), a Chesapeake circuit judge refused to follow a 2002 decision by ...

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