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Author Archives: Deborah Elkins

Employment Discrimination – Title VII – Race – Emotional Distress – Racist Epithet  (access required)

A Danville U.S. District Court dismisses an African-American learning-disabled woman’s claim for intentional infliction of emotional distress, but refuses to dismiss her Title VII race discrimination claim allegedly arising from disciplinary action taken against her in her position as a ...

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Criminal – Appeal Notice – Excusable Neglect – Medical Care (access required)

-A magistrate judge for the Abingdon U.S. District Court recommends extending the deadline for defendant to file a notice of appeal of the denial of his request for a sentence reduction. Defendant sought a sentence reduction based on amendment to ...

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Criminal – Habeas Corpus – Ineffective Assistance – Counseling Record Subpoena (access required)

A defendant cannot overturn his conviction on multiple sex offenses with a claim that his lawyer provided constitutionally ineffective assistance of counsel because he failed to properly request the victim’s counseling records in the manner prescribed in Va. Code § ...

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Employment Discrimination – Age – Receptionist Duties (access required)

A 61-year-old African-American secretary for a nonprofit family services agency loses her age discrimination suit alleging she was replaced a younger white woman and asked to answer phones on a temporary basis, with the same pay and benefits, in this ...

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Civil Rights – Unreasonable Seizure – Arrest Warrant – Wrong Defendant (access required)

A magistrate judge for the Big Stone Gap U.S. District Court recommends summary judgment for defendants, the sheriff for Wise County and a Big Stone Gap police officer, in this civil rights suit filed by a man who alleges he ...

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Civil Procedure – Diversity – Fraudulent Joinder – Physician Employment Contract  (access required)

A Big Stone Gap U.S. District Court magistrate judge recommends applying the doctrine of fraudulent joinder to assume jurisdiction over this physician employment dispute even though plaintiff doctor named a nondiverse defendant and dismissing the nondiverse defendant who could not ...

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Insurance – Auto Liability – College Admissions Officer – Underage Girlfriend (access required)

Although a college admissions officer for the University of Vermont may have had consent for limited weekend personal use of a vehicle he rented for a college recruiting trip to New Jersey, he clearly was acting outside the scope of ...

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Civil Procedure – Pleading Amendment – Rules 15 & 16  (access required)

A Richmond U.S. District Court grants plaintiff PBM Products leave to amend to name plaintiff’s sister company, PBM Nutritionals LLC, as a plaintiff in this suit against Mead Johnson Nutrition Company. The 4th Circuit has noted there is a tension ...

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Search & Seizure – Traffic Stop – Firearm Seizure – Plain View (access required)

The 4th Circuit upholds the search and defendant’s conviction as a felon in possession of a firearm; Arizona v. Gant does not apply to this case because the deputy lawfully seized defendant’s pistol when he saw it on the passenger-side ...

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