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Author Archives: Deborah Elkins

Employment Discrimination – Disability – ‘Qualified Individual’ – Contract Analyst (access required)

An employee of the U.S. Postal Service’s Office of Inspector General who had limited mobility cannot prove she is a “qualified individual with a disability” under the Rehabilitation Act of 1973, as she was repeatedly counseled about deficiencies in her ...

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Criminal – Medicare Fraud – Search Warrant – Office Records (access required)

A physician charged with fraudulent billing practices cannot suppress medical office records on the ground that the authorizing search warrant was unconstitutionally overbroad, and a Norfolk U.S. District Court denies defendant’s motion to suppress and his additional motions. Defendant, a ...

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Search OK in ‘man with gun’ case

“Just showing up” is 80 percent of the formula for success in life, we’re told. Indeed, “just showing up” may be all it takes to become a successful police informant, if one reads a dissent in a gun case released ...

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A non-Tiger golfing tale

Here’s a golf item and no, it’s not another Tiger tale. Tiger famously had his dad to coach him, but a lot of golfers come to the game through a high-school coach. This is a story about one of those ...

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A non-Tiger golfing tale

Here’s a golf item and no, it’s not another Tiger tale. Tiger famously had his dad to coach him, but a lot of golfers come to the game through a high-school coach. This is a story about one of those ...

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Domestic Relations – Spousal Support Reduction – Physician’s Reduced Hours  (access required)

A 62-year-old physician who wants to reduce his work hours because he is being treated for hypertension and osteoarthritis in his hands and feet has his monthly spousal support payment reduced by a Norfolk Circuit Court from $2,900 to $2,000 ...

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Consumer Protection – Auto Towing & Storage – Protected Transaction (access required)

A Honda owner can sue defendant body shop under the Virginia Consumer Protection Act for selling her 2007 Honda, for towing and storage fees after it towed the car at the request of the Norfolk Police Department after the vehicle ...

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Creditor’s Rights – Confessed Judgment – Asphalt Purchase  (access required)

A Fairfax Circuit Court sets aside a confessed judgment against defendant Bud & The Boyz Construction because the required language of Virginia’s confessed judgment statute, Va. Code § 8.01-433.1, appears in the original credit agreement but does not appear in ...

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Real Estate – Easement – Riparian Rights – Dock Construction  (access required)

Although defendant property owners may have an easement to dig a canal, current environmental regulations would not allow a canal, but a Fairfax Circuit Court says the rule of “use for all reasonable purposes” of the right-of-way would allow construction ...

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