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Author Archives: Deborah Elkins

Attorneys – Sanctions – Indemnification (access required)

In this litigation arising from a corporate transaction, a Charlottesville Circuit Court denies a motion for sanctions under Va. Code § 8.01-271.1; because the case never went to trial, the court could not determine conclusively whether the entire transaction was ...

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Nursing home can’t compel arbitration (access required)

A Chesapeake nursing home cannot compel arbitration of a comatose patient’s claim that she was sexually molested by a staff member, a Norfolk Circuit judge has ruled, setting the stage for trial of the patient’s $28 million lawsuit. The nursing ...

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Civil Procedure – Nursing Home Assault – Venue – Arbitration (access required)

A Norfolk Circuit Court denies a motion to transfer venue to Chesapeake in this suit arising from a sexual assault on a patient at the Chesapeake Health & Rehabilitation Center, as defendant Medical Facilities of America’s management role in Norfolk ...

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Administrative – Firearm Purchase – Assault On Wife – Dec Action (access required)

The Court of Appeals transfers to the Supreme Court of Virginia appellant’s declaratory judgment action requesting a ruling that his prior misdemeanor conviction for assault and battery on his wife under Va. Code § 18.2-57.2 did not disqualify him from ...

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Administrative – Environmental – Inspector License – Fraudulent Emissions Tests (access required)

The Court of Appeals upholds revocation of appellant’s license as an automobile emissions inspector by the Department of Environmental Quality as the penalty for conducting fraudulent emissions tests. Appellant claims DEQ’s decision lacks a foundation in substantial evidence and DEQ ...

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Criminal – Traffic Stop – Cocaine – Intent To Distribute (access required)

Upon rehearing en banc, the Court of Appeals upholds defendant’s conviction of possession of 0.733 cocaine with intent to distribute. Here, the only evidence indicating the drugs were for personal use was the small quantity of drugs found in defendant’s ...

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Search & Seizure – Traffic Stop – Firearm In Truck – Gant (access required)

A deputy who stopped a Ford Ranger he believed was missing a muffler, and discovered the driver had a suspended license, did not violate the Fourth Amendment when he looked for a knife defendant said was in his pocket, and ...

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Criminal – Deferred Disposition – Officer Assault (access required)

A trial court does not have inherent authority to dismiss criminal charges on grounds other than the legal or factual merits, when such a dismissal is not authorized by statute, and the Court of Appeals affirms a trial court decision ...

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