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Author Archives: Deborah Elkins

Consumer Protection – TILA – Finance Charge – Notary Fee (access required)

A mortgage debtor has not stated a Truth-in-Lending claim against a mortgage lender based on the debtor’s bare assertion of an undisclosed finance charge as part of a $250 notary fee, which the bank claims is covered under the Special ...

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Civil Procedure – Jurisdiction – Abstention – Products Liability Coverage (access required)

A Richmond U.S. District Court refuses to abstain from hearing plaintiff Alfa Laval’s suit seeking a declaratory judgment that its insurance carrier has an obligation to defend and indemnify it under numerous CGL and excess indemnity umbrella policies for asbestos ...

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Civil Procedure – Removal – Defendants’ Consent – Forum Choice (access required)

An Alexandria U.S. District Court remands this case to state court; even though all defendants consented to removal, removal was defective because some defendants were contractually obligated to litigate in state court. The threshold issue in this removed diversity breach ...

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Criminal – Child Porn – Probation – Downward Departure (access required)

A district court did not demonstrate the reasonableness of its decision to order five years’ probation and a $3,000 fine for a defendant convicted of child pornography possession, instead of the 41-51 month advisory sentencing range for the offense, and ...

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Criminal – Sentencing – Crack-Powder Disparity – ‘Reasonableness’ Presumption (access required)

The 4th Circuit orders resentencing because a comment by the Virginia federal sentencing judge suggested he viewed the lower end of the sentencing guidelines as presumptively correct in a case involving crack cocaine and marijuana. Kinsey Cory Herder appeals his ...

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Surgeon delays operation for large bowel obstruction – $2,000,000 Verdict (access required)

The plaintiff, a 54-year-old Florida resident staying in Weems, Va., went to the emergency department at Rappahannock General Hospital on a Saturday afternoon with 24 hours of abdominal pain and other symptoms. The radiologist interpreting the abdominal CT scan was ...

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McDonnell proposes cuts in effort to balance budget (access required)

Gov. Bob McDonnell has proposed deep, unprecedented cuts to public schools, the state government work force and health and welfare safety net programs in a $2.1 billion bid to balance a critically troubled state budget. The Republican governor, who ruled ...

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The ‘Gridiron’ grip & grin

Sarah Palin. The Salahis. The “Haddocks Squared.” Dapper Congressman Jim Moran as a song-and-dance man. They all showed up last night at the George Washington Masonic Memorial (right) in Alexandria. Masonic temples may be suspected sites for secret rites, but ...

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Nursing home’s arbitration demand denied

A Williamsburg-James City County Circuit Court has rejected a nursing home’s motion to compel arbitration of a man’s complaint that his 84-year-old mother died after developing extensive bedsores while in the nursing home’s care. The decision is the latest to ...

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