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Author Archives: Deborah Elkins

Insurance – UIM – Stacking – Motorcycle-Car Accident (access required)

A Chesapeake Circuit Court says a man injured in a motorcycle accident cannot “stack” UM/UIM coverage from his policy that covered two separate vehicles he owned, neither of which was involved in the accident with a driver of another vehicle. ...

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Criminal – Proffer of Testimony – Harmless Error v. Structural Error (access required)

A contention that the denial of a request to call a witness amounted to structural error does not excuse the failure to proffer the testimony of the witness, the Court of Appeals holds in affirming convictions for obtaining money by ...

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Employment Discrimination – Title VII – Teacher – Retaliation – ‘Employer’ – Limitations (access required)

Where a school teacher alleges adverse job actions as retaliation for a racial harassment complaint, the school board’s motion to dismiss based on the 300-day limitations period is denied by a Roanoke U.S. District Court where at least one alleged ...

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Search & Seizure – Felon In Possession – Pat-Down Search – Gunshots (access required)

Where a suspect acted in a furtive manner as he drove away from the area where an officer heard six gunshots, the officer had cause to require the suspect to exit his vehicle and submit to a pat-down, and the ...

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Criminal – Threatening Communications – Intimidation – First Amendment (access required)

A Roanoke U.S. District Court grants the activist defendant’s motion for acquittal as to one count of making threatening communications to a civil rights lawyer; jury findings of guilt are allowed to stand on two other charges of making threatening ...

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Insurance – Dec Action – First-to-File Rule (access required)

In an insurer’s declaratory judgment action to determine a corporation’s liability insurance coverage for a personal injury claim, a Harrisonburg U.S. District Court denies the corporation’s motion to dismiss or transfer the action in consideration of a collateral dec action ...

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Consumer Protection – FDCPA – Injunctive Relief – Debt Cancellation (access required)

In a first-impression case, an Alexandria U.S. District Court says the FDCPA does not allow to a mortgage borrower as a private litigant injunctive and declaratory relief that can cancel or extinguish a debt as a remedy for violations of ...

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Criminal – Child Porn – Restitution – ‘Vicky’ Series (access required)

An Alexandria U.S. District Court orders a man found to have child pornography on his computer that has been traced to a particular juvenile victim whose sexual abuse by her biological father was photographed, filmed and widely distributed on the ...

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