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Author Archives: Deborah Elkins

Criminal – Deferred Disposition – Officer Assault (access required)

A trial court does not have inherent authority to dismiss criminal charges on grounds other than the legal or factual merits, when such a dismissal is not authorized by statute, and the Court of Appeals affirms a trial court decision ...

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Search & Seizure – Sentencing – Restitution – SSI Benefits (access required)

A Big Stone Gap U.S. District Court says a defendant who pleaded guilty to attempted obstruction of justice, after his wife pleaded guilty to lying about their living together to get increased social security benefits, must make restitution for the ...

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Civil Procedure – Default Judgment – TILA Claims (access required)

Although defendant lender is making its first appearance in this case filed by a borrower 34 days after a response was required, a Richmond U.S. District Court sets aside the default judgment against defendants, who “seem to have particularly compelling ...

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Civil Rights – Voting – Military Service Voters – Absentee Ballot (access required)

Although at least 96 timely-requested, completed absentee ballots under the Uniformed & Overseas Citizens Absentee Voting Act were received too late to be counted by defendant election officials after the close of polls on Nov. 4, 2008, a Richmond U.S. ...

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Employment Discrimination – Race – Gender – Performance Reviews (access required)

An African-American male middle manager for Philip Morris USA has his Title VII race and gender discrimination suit dismissed by a Richmond U.S. District Court because he makes no specific allegations concerning defendants’ treatment of similarly situated employees, but only ...

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Consumer Protection – Odometer Fraud – Wholesale Dealer Liability (access required)

An auto buyer’s lawsuit alleging a 2004 Yukon Denali “was transferred numerous times using falsified documents,” including the odometer disclosure date, states claims against defendant Hyman Wholesale for negligence and for violation of the Federal Odometer Act and of the ...

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Contracts – Government – Secret Service Rifles – False Claims Act (access required)

In this Alexandria U.S. District Court case, a former employee of a government contractor bidder to provide rifles to the U.S. Secret Service, who allegedly pointed out violations in the procurement process and now has filed suit under the False ...

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Civil Procedure – Complaint – Leave To Amend – New Information (access required)

An Alexandria U.S. District Court says the magistrate judge did not err in denying defendants’ motion for leave to file amended answers on the ground that defendants were aware during 2006 and 2007 of the facts that form the basis ...

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Labor – Arbitration Award – Union Grievance – Delivery Drivers (access required)

A Richmond U.S. District Court affirms an arbitrator’s award for the company in a union’s grievance of the company’s subcontracting offsite delivery work without assigning the work to union drivers. Under the exceedingly deferential standards, courts must enforce an arbitration ...

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Search & Seizure – Traffic Stop – Turn Signal – Va. Law (access required)

An officer who responded to a dispatch report of a reckless driver in a black Toyota Corolla, to find defendant in that car, turning out of a 7-Eleven store parking lot without signaling, and who then observed defendant make a ...

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