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Author Archives: Deborah Elkins

Criminal – Plea Agreement Breach – Sentencing Recommendation – Plain Error (access required)

The 4th Circuit reverses as plain error a district court’s sentence for a drug defendant because the government breached a plea agreement by failing to recommend at sentencing a two-level “minor participant” reduction in defendant’s offense level. Here, the government ...

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4th Circuit revives two discrimination suits

It’s “Happy Holidays” for a couple of employment discrimination plaintiffs whose cases were revived by the 4th U.S. Circuit Court of Appeals in recent days. A former Unisys Corporation employee said the trial court was too quick to pull the ...

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Designation of beneficiary disputed in insurance policy – $30,000 Verdict (access required)

Eugene and Donna Montgomery were married in 1965. On March 8, 1993, Woodmen of the World issued a life insurance policy in the name of Donna Montgomery with Eugene Montgomery as the beneficiary. There was a corresponding policy issued in ...

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Obituaries (access required)

Walter E. Beverly Walter Egbert Beverly, a retired insurance executive and attorney, died Nov. 17 of bile duct cancer at his home in Alexandria. He was 83. A native of Rocky Mount, Mr. Beverly was the son of the editor ...

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Tort – Assault & Battery – Aiding & Abetting – BB Gun Shooting (access required)

A plaintiff who was shot in the eye with a BB gun can sue the alleged shooter’s companions for civil aiding and abetting and conspiracy, based on allegations that the companions, the owner and the driver of the vehicle in ...

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Employment – Municipal – City Employee Grievance – Prior Conviction (access required)

A Richmond Circuit Court sustains a hearing officer’s reinstatement of an employee of the Richmond Redevelopment & Housing Authority who disclosed on her job application a prior federal conviction for failure to file a Tax Form 990 when she worked ...

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Real Estate – Adverse Possession – Tacking – Condo Association (access required)

In this dispute over ownership of a brick wall lying on the recorded parcel of defendant’s land, lying west of the plaintiff condominium association’s recorded boundary line, a Richmond Circuit Court grants summary judgment for the association, which can tack ...

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Constitutional – Rail Enhancement Fund – State Funds – Intermodal Facility (access required)

A Richmond Circuit Court rejects a constitutional challenge to state funding for a Norfolk Southern Corp. intermodal rail facility in Montgomery County, ruling that the state constitution does not bar public support of the private project under legislation aimed at ...

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Criminal – Double Jeopardy – Mistrial – Fingerprint Evidence (access required)

A Norfolk Circuit Court denies defendant’s motion to bar retrial on double jeopardy grounds; when the jury was impaneled and evidence heard in this criminal case, the prosecutor relied in good faith on the investigator’s representations that there was no ...

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Real Estate – Contract – Radon Testing – Fraudulent Inducement (access required)

Home buyers can sue their real estate agent, who had a dual agency representing both buyer and seller, for allegedly disclosing radon testing results only for the first level of the home, and not the high levels for the basement; ...

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