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Author Archives: Deborah Elkins

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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Criminal – Sentencing Guidelines – PSR – Prior Convictions (access required)

The 4th Circuit affirms defendant’s convictions on multiple drug offenses and his 360-month sentence in excess of his properly calculated advisory guidelines sentencing range. Defendant first challenges evidence from John Redmon, a convicted felon who was a key prosecution witness. ...

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Criminal – Misjoinder – Carjacking – Felon In Possession (access required)

Trying defendant’s firearm possession charge with charges arising from a carjacking several weeks earlier was an improper joinder under Fed. R. Crim. P. 8; it was prejudicial to defendant, as the evidence on the firearm charge was overwhelming, but the ...

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Search & Seizure – Traffic Stop – Protective Search – Felon In Possession  (access required)

When police responded to a report of a “man with a gun” and an informant at the motel identified defendant leaving in his white Cadillac as the man with the gun, an officer didn’t violate the Fourth Amendment he promptly ...

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Tort -Emotional Distress – Police Investigation (access required)

A former Henrico County police investigator, terminated after conflicts with the Henrico Commonwealth’s Attorney and Henrico police officials over the investigator’s role in a criminal investigation allegedly involving several high-level Richmond government officials, can sue the commonwealth’s attorney and defendant ...

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