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Author Archives: Deborah Elkins

Administrative – DOC Employee Grievance – Jurisdiction (access required)

The Court of Appeals has no jurisdiction over this appeal by the Virginia Department of Corrections of a circuit court decision for a DOC superintendent who successfully grieved her demotion. We must determine whether the circuit court proceeding was an ...

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Domestic Relations – PSA – Unconscionability – Husband’s Retirement (access required)

The Court of Appeals says a property settlement agreement that gave wife a 1999 pickup truck, her “yard sale” personal property and left her free of a $100,000 mortgage on the $300,000 marital home, after 38 years of marriage, was ...

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Civil Rights – Schools – IDEA – Defamation Claim (access required)

An autistic student sent to a Charlottesville private school by the county for his Individualized Education Program has no IDEA or contract claims against the county or the school, according to a Charlottesville U.S. District Court magistrate judge report, but ...

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Employment Discrimination – Disability – § 504 – Blindness (access required)

A nonprofit independent living center wins summary judgment in this suit by a blind plaintiff who alleges he was discharged from his job in violation of § 504 of the Rehabilitation Act; an Abingdon U.S. District Court says plaintiff did ...

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Criminal – Venue – Sexual Abuse Charge – Military Personnel (access required)

Vacating its earlier decision on venue, a Norfolk U.S. District Court says a former airman accused of sexually molesting his stepdaughter while he was stationed in Japan from 1999 to 2002 will have his case dismissed as venue is not ...

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Corporate – Advancement – Legal Expenses – Del. Law (access required)

In this contract and tort litigation arising from defendants’ departure from employment with plaintiffs to form their own company, a Richmond U.S. District Court construes controlling Delaware and Ohio law on advancement of legal fees to hold that a single ...

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Tort – Conspiracy – Tortious Interference – Conversion (access required)

In this contract and tort litigation arising from defendants’ departure from employment with plaintiff specialty insurance company to form their own company, a Richmond U.S. District Court dismisses plaintiffs’ claim for restitution/unjust enrichment, but declines to dismiss plaintiffs’ claims for ...

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Intellectual Property – Pile Driving Equipment – Markman Hearing (access required)

In this suit alleging infringement of a patent that involves a vibratory pile driving device that allows for increased driving speed over hammer devices, a Norfolk U.S. District Court issues its construction of four claim terms and phrases after a ...

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