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Author Archives: Deborah Elkins

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Access granted: Wife can override passwords (access required)

circuit court can allow a computer forensic expert to access password-protected data a wife says will prove fault grounds for divorce, under Virginia’s computer trespass statute and general discovery rules. In a case of first impression, a Fairfax circuit judge ...

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?Fugitive' father forfeits appeal (access required)

A father has forfeited his right to appeal custody rulings by refusing to comply with court orders to return the child to his mother. In a first-impression decision, the Virginia Court of Appeals applied the “fugitive disentitlement doctrine” to hold ...

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Spousal support award needs writing (access required)

Get it in writing, the Virginia Court of Appeals is telling divorce lawyers seeking spousal support awards. Three times in the past six weeks, the appellate court has reversed spousal support decisions because trial judges have failed to back those ...

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Punitives follow default judgment (access required)

A Title VII plaintiff won punitive damages even though she conceded to a Roanoke County Circuit Court that she had no evidence the employer, a Salem food distributor, acted with malice. The plaintiff, Juanita Carden, won a default judgment against ...

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OxyContin maker hit for $600M in fines (access required)

The manufacturer of OxyContin, one of the drug scourges of rural America, has been sentenced in Abingdon federal court to five years’ probation and monetary sanctions totaling $600 million. On July 20, U.S. District Judge James P. Jones took guilty ...

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