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Author Archives: Deborah Elkins

Domestic Relations – Custody – Mother’s Lunchroom Visits (access required)

A mother challenges on appeal a trial judge’s comment that parents “start visiting more” during school lunch times “when there’s litigation going on,” but the Court of Appeals will not look to “one isolated comment” to determine whether the trial ...

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Criminal – Profane Language – Telephone Call (access required)

A defendant who was angry at his former girlfriend for refusing to see him and who and telephoned her, calling her a “f—— b—-” and a “c—” cannot be convicted of use of profane, threatening or indecent language over the ...

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Employment Discrimination – Disability – Perception – Dyslexic Dispatcher (access required)

A 9-1-1 dispatcher who alleges she was subjected to a campaign of harassment after she revealed that she had dyslexia, until she resigned, cannot sue her former employer for disability discrimination because she has not alleged that her employer perceived ...

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Employment – ERISA – Attorney’s Fees (access required)

A retired union member who won his case to halt defendant company and pension fund’s deduction of union fees from his disability benefits to recoup a $26,000 overpayment, now wins attorney’s fees of $39,780.94 under the federal ERISA statute, because ...

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Negligence – Wrongful Death – Administrator Standing (access required)

In this wrongful death suit arising from a multi-vehicle accident on I-81 in Shenandoah County, Va., resulting in the death of a Tennessee resident, a Harrisonburg U.S. District Court denies defendants’ motion to dismiss plaintiff administrator for lack of standing; ...

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Civil Procedure – Personal Jurisdiction – Partnerships (access required)

An Abingdon U.S. District Court does not have personal jurisdiction over defendant Kaiser Industries, a Texas-based company that has a 99.9 percent stake in defendant Kaiser Products, the manufacturer of EpoxyPro grout used in the allegedly defective tile floors installed ...

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Contract – Motel Franchise – Licensing Agreement (access required)

A Norfolk U.S. District Court accepts a magistrate judge’s report and recommendation to dismiss plaintiff franchisee’s fraud and breach of contract suit against defendant, arising from the franchisee’s license to operate his Holiday Inn Select, and the court also will ...

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Bankruptcy – Promissory Note – Release (access required)

Debtor company’s former CEO, who bought $20 million in company stock when he joined the company by paying half in cash and signing a promissory note for $10 million, cannot escape plaintiff bankruptcy trustees’ efforts to collect on the note ...

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Commercial – Letters Of Credit – Contract – Residential Developer (access required)

A Prince William County developer can sue defendant bank for breach of contract for allegedly telling the developer that after payment of a fee the bank would extend expiration dates on letters of credit intended to show the county the ...

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