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Author Archives: Deborah Elkins

Criminal – Supervised Release Violation – Nonprosecution Clause (access required)

Although defendant’s plea agreement included a clause promising not to prosecute defendant for the conduct underlying the agreement, the government nevertheless can rely on that conduct – a new drug trafficking offense – for a supervised release violation against defendant, ...

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Contract – Government Contract – False Claims Act – Retaliation (access required)

A former employee at a Head Start program who successfully prosecuted a False Claims Act exposing the agency’s submission of fraudulent claims to the federal government for an agency retreat wins his suit for agency retaliation against him, and the ...

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Civil Rights – Disability Discrimination – Housing – Mental Retardation (access required)

A Richmond U.S. District Court dismisses this dec action filed by The ARC of Virginia, a nonprofit advocacy group for mentally disabled individuals, that challenges Virginia officials’ proposed plans to replace a dilapidated 120-room institution with a new one about ...

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Admiralty – Wrongful Death – Contribution – Feres Doctrine (access required)

After a four-day bench trial in this suit in admiralty arising out of the death of 19-year-old Freddie N. Porter Jr., asserting a wrongful death claim against plaintiff Vulcan Materials Company, a Norfolk U.S. District Court finds Vulcan Materials jointly ...

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Tort – Antitrust – Trade Secrets – KEVLAR Aramid Fiber (access required)

A Richmond U.S. District Court dismisses defendant Kolon Industries’ second amended counterclaim, but grants it leave to amend once more to allege a relevant geographic market and anticompetitive conduct, which may be severed for separate adjudication. This action arises out ...

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Contract – Forum Selection Clause – Parties’ Intent (access required)

Although plaintiff architectural firm began billing defendant Mormon Church under a Master Agreement, the church did not sign that Agreement or otherwise indicate its intent to be bound, and the parties’ earlier Project Services Agreement, with its forum selection clause, ...

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Insurance – Contract – Life Insurance Proceeds – Policy Cancellation (access required)

Even allowing for a widow’s testimony about a letter to cancel a life insurance policy being an effort to cancel payment through an automatic debit and about her husband’s decision to continue the policy, supposedly in a “grace period,” after ...

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Criminal – Habeas Corpus – Ineffective Assistance – Appeal Consult (access required)

A criminal defense lawyer who told a convicted murderer, “The jury has spoken. What possible grounds are there for any appeal?” and who failed to discuss a possible appeal with the defendant provided constitutionally ineffective assistance of counsel, and the ...

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