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Author Archives: Deborah Elkins

Civil Procedure – Personal Jurisdiction – Contract – Yacht Sale (access required)

A New Jersey buyer who used a Staten Island broker to allegedly buy a yacht in Virginia has conducted activities in Virginia under the Virginia long-arm statute, and an Alexandria U.S. District Court has personal jurisdiction over the buyer in ...

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Bankruptcy – Real Estate Sale – Mortgage Fraud – ‘Strong Arm’ Powers (access required)

In this litigation arising from the remnants of a mass mortgage fraud scheme perpetrated in 2007 by debtor, the Alexandria U.S. District Court upholds a bankruptcy court order authorizing sale of residential property – covered by four separate mortgage loans ...

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Domestic Relations – Custody – Australian Dad – Hague Convention (access required)

An Australian father did not prove by a preponderance of the evidence that his American-born quadruplets’ habitual residence was Australia, to which the American mother had returned conditionally for an effort at reconciliation, and the 4th Circuit upholds an order ...

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Immigration – Asylum – Past Persecution – Ethnic Minority (access required)

A citizen of Yemen seeking asylum has demonstrated past persecution for being Hadrama, an ethnic minority, through evidence that he, his brother and an uncle were held in custody and beaten for their work with a Hadrami advocacy group, and ...

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Immigration – Asylum – Past Persecution – Guinean Citizen – FGM (access required)

In this appeal from a citizen of Guinea seeking asylum, the 4th Circuit says the Board of Immigration Appeals’ denial of asylum based on an adverse credibility determination was not supported by substantial evidence, as the applicant has established past ...

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Search & Seizure – Warrant Scope – Credit Card Fraud – Securities Fraud (access required)

A defendant cannot overturn his fraud convictions on the ground that the detailed search warrant used to uncover documents related to his extensive credit card fraud did not authorize seizure of documents that related to later charges of securities fraud; ...

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‘BlackBerry’ malpractice coverage claim back in Virginia

A legal malpractice matter arising out of the multi-million dollar BlackBerry settlement is back in Virginia federal court. An Alexandria district court dismissed the dispute that arose when Minnesota Lawyers Mutual Insurance Company denied coverage to the Arlington patent law ...

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Finger-pointing after patient death leads to lawyer disqualification (access required)

When John Charles Sanford died after surgery at the MCV hospital in December 2006, his family found a lot of people to blame, from the medical personnel who treated Sanford to the nurses and security personnel who restrained him when ...

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