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Author Archives: Deborah Elkins

Unemployment Comp – Misconduct – Store Manager – Food Purchase Rule (access required)

A circuit court exceeded its authority when it vacated denial of unemployment comp and ordered reinstatement of benefits to a convenience store manager who was terminated for violating a company policy about purchase of food while on duty; the Court ...

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Search & Seizure – Auto Search – Post-Surveillance Seizure (access required)

After conducting a two-week surveillance during which police observed defendant conducting apparent hand-to-hand drug transactions from his Jeep, police had reasonable articulable suspicion, under an objective standard to detain him, and his subsequent 25-minute wait for the canine unit did ...

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Civil Procedure – Nonsuit – Same ‘Action’ – Ad Damnum (access required)

Although a car-crash plaintiff changed her damages request when she refiled after a nonsuit – from $250,000 compensatory and $350,000 punitive damages to $300,000 compensatory and no punitive damages – her second lawsuit is the same “action” and is timely ...

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Administrative – Child Abuse Finding – Gun In Children’s Presence (access required)

Although a hearing officer found that a father did not intend to harm his 15-year-old daughter when he displayed a loaded firearm to his daughter to express frustration with her behavior, his display of the weapon in the presence of ...

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Negligence – Sovereign Immunity – Gross Negligence – VT Shooting (access required)

The administrators of the estates of two Virginia Tech students killed in the mass shooting in April 2007 have stated claims for gross negligence against the commonwealth and against President Charles Steger and former vice president James Hyatt, the only ...

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Criminal – Sentencing – ACCA – Predicate Felony – Burglary (access required)

A Roanoke U.S. District Court holds that a defendant can be sentenced as an Armed Career Criminal under 18 U.S.C. § 924(e), based on prior convictions that include a Roanoke City statutory burglary that defendant says cannot serve as a ...

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