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Author Archives: Deborah Elkins

REHEARING GRANTED (access required)

On Oct. 20, 2009, the Court of Appeals granted rehearing en banc in Startin v. Commonwealth No. 2837-08-4 (VLW 009-7-375). In the panel opinion of Sept. 8, 2009, the court held that a defendant who used a Franklin Mint “John ...

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Search & Seizure – Plain View – Pants Pocket – Drug Possession (access required)

A deputy who handed defendant his pants, after telling him he was free to leave while police obtained a search warrant for the residence, could not seize a plastic baggy protruding from the watch pocket of defendant’s pants, and defendant’s ...

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Employment Discrimination – Title VII – Hostile Environment – Policewoman – Discovery (access required)

In a policewoman’s Title VII suit, a magistrate judge for the Richmond U.S. District Court grants in part her motion to compel defendant city to produce certain files related to Internal Affairs Division investigations of plaintiff and other police officers, ...

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Insurance – Policy Coverage – Tractor-Trailer Accident – ‘Insured’ – MCS-90 (access required)

In light of the statutory and regulatory framework behind the MCS-90 endorsement for accident coverage for a trailer involved in a 2005 car-tractor-trailer accident in Loudoun County, an Alexandria U.S. District Court rejects the p.i. plaintiff’s suit seeking coverage for ...

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Criminal – Money Laundering – U.S Congressman – ‘Proceeds’ (access required)

At the close of the government’s case in chief against Congressman William J. Jefferson for bribery, RICO, money laundering and wire fraud, an Alexandria U.S. District Court denied his motion for judgment of acquittal on the 16 counts in the ...

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Criminal – Bribery – Wire Fraud – U.S Congressman – Internal E-Mail (access required)

In the prosecution of Congressman William J. Jefferson for bribery, RICO, money laundering and wire fraud, an Alexandria U.S. District Court excludes as an exhibit an e-mail forwarded to a former employee of the congressman from a State Department employee ...

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Banks & Banking – Certificates Of Deposit – Payout – Presentment (access required)

A bank cannot rebut a customers’ claim for payment based upon presentment of three CDs purchased in 1995 and discovered in a home safe in 2008, by claiming the customers’ teenage son must have cashed in the CDs, and plaintiff ...

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Civil Procedure – Corporate Plaintiff – Pro Se Status (access required)

The president of a corporation who alleges copyright violations related to her company’s software for the Virginia Criminal Codes Database System cannot bring a pro se action on behalf of the corporation, and a Richmond U.S. District Court dismisses her ...

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Civil Procedure – Venue – Immigration – Status Adjustment (access required)

An Alexandria U.S. District Court transfers venue to the District of Nebraska in this administrative appeal against the Department of Homeland Security arising from an application for adjustment of immigration status. In his amended complaint, plaintiff requests that the court ...

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