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Author Archives: Deborah Elkins

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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Domestic Relations – Termination Of Parental Rights – Fifth Amendment (access required)

The Court of Appeals upholds termination of a father’s parental rights despite his claim that he was penalized for exercising his Fifth Amendment right to remain silent due to pending criminal charges that he sexually molested two of his children. ...

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Domestic Relations – PSA – Financing Agreement (access required)

A divorce court erred in interpreting a couple’s property settlement agreement to mean that “financing was not a precondition” to wife’s purchase of husband’s share of certain marital property – their jointly owned “Wilderness Adventure” business – and that she ...

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Criminal – Grand Larceny From Person – Robbery (access required)

Considering the “ends of justice” exception, the Court of Appeals upholds convictions of both grand larceny from the person and robbery, based on his conduct of approaching a convenience store clerk, reaching into her cash drawer, and struggling with her ...

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