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Author Archives: Deborah Elkins

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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Criminal – Restitution – Kidnapping & Murder Accessory – MVRA (access required)

A sentencing court erred when it held two defendants jointly and severally liable as accessories after the fact for additional restitution of $1.4 million to the estate of an 18-year-old kidnapping and murder victim, who as a member of the ...

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Criminal – Prosecutor Closing Argument – Witness Bolstering (access required)

A prosecutor’s use during closing argument of the informal, “I’m convinced” and “I think,” instead of “I submit” or “I contend,” did not constitute improper vouching for a government witness, and the trial court did not err in denying a ...

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Criminal – Felon In Possession – Prior Convictions – Violent Felonies (access required)

A felon with a firearm should have been sentenced as an Armed Career Criminal, the 4th Circuit says, because, contrary to the district court’s holding, a 2008 U.S. Supreme Court decision did not effectively overrule 4th Circuit law that says ...

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Municipal – Police Commissioner Firing – Reinstatement (access required)

The 4th Circuit upholds dismissal of a suit filed by the former Baltimore police commissioner and two top deputies who allege that, despite a contract that allowed the commissioner’s discharge without cause, the defendant mayor allegedly failed to fire the ...

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