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Author Archives: Deborah Elkins

Search & Seizure – Trespass – Public Housing (access required)

A Charlottesville U.S. District Court denies defendant’s motion to suppress evidence found in his vehicle after police approached him as he was parked at a public housing project, questioned him about his presence on the property, observed two open containers ...

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Contract – Arbitration – Waiver – State Court Action (access required)

A party to a manufacturing agreement did not waive its right to arbitration of contract and fraud claims arising under that agreement, even though the party filed a Missouri state court action on related documents executed by the parties – ...

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Contract – Construction – Indemnification – Building Site (access required)

In this diversity suit by a contractor against an owner who allegedly failed to pay the contractor for building a retail building on a pad prepared by a third party, March Inc., and certified as conforming to specifications by another ...

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Bankruptcy – Good Faith Petition – Ch. 13 – Trade Secret Judgment (access required)

A Danville U.S. District Court reverses a bankruptcy court order confirming debtor’s plan and remands this case for that court to make specific findings of fact as to whether debtor filed her chapter 13 petition in good faith, based on ...

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Civil Rights – First Amendment – ABC Laws – Club Dancing (access required)

In this challenge to the constitutionality of Virginia statutes and regulations that license alcohol sales in clubs, a Norfolk U.S. District Court says plaintiff clubs can go forward with their claims of constitutional violations in laws that reference “persons of ...

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Consumer Protection – Real Estate – Fraud – Luxury Community (access required)

A couple’s fraud suit against defendants who allegedly misrepresented luxury amenities that would be available to the couple through defendant Ritz-Carlton Hotel Company with their purchase of a parcel in Loudoun County’s Creighton Farms development must try their $2.5 million ...

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Civil Rights – First Amendment – Funeral Protest (access required)

A 4th Circuit panel reverses a multi-million dollar verdict for a family who sued members of a Kansas church for their outspoken, homophobic protests about divine judgment on the U.S. at the funeral of the family’s Marine son who was ...

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Medical Malpractice – Chiropractic Treatment – Suit ‘Discontinuation’ – Reinstatement (access required)

A Newport News Circuit Court holds that the one-year period for reinstatement of a med-mal case dismissed under the inactivity rule controlled over the statute of limitation for the underlying claim, i.e., even though the statute of limitation had run ...

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