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Author Archives: Deborah Elkins

Tort – FTCA – Auto Accident – Scope Of Employment (access required)

Although a government contract employee who was to provide a briefing during a three-day conference on training volunteers to assist military families allegedly had decided on her own to rent a vehicle and visit friends in the area on the ...

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Criminal – Competence – Antipsychotic Medication (access required)

Although a woman who suffers from paranoia and a delusional disorder that has prompted her to file over 100 civil lawsuits and to threaten physical harm to several federal judges in Maryland, through references to common law language on “slaying” ...

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Workers’ Comp – LHWCA – Hearing Impairment – AMA Guide (access required)

The 4th Circuit reverses a decision of the Benefits Review Board and remands this case for an LHWCA award for a former longshoreman’s hearing loss, based on the only audiogram in the record that complies with AMA Guides to the ...

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Negligence – Premises Liability – Expert Testimony (access required)

In this negligence action involving repairs by a landlord, a Richmond Circuit Court says the three experts designated by plaintiff may not opine on whether the facts and circumstances in the case are violations of the cited building codes. During ...

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Administrative – Sovereign Immunity – Venue – COPN (access required)

A Richmond Circuit Court will not dismiss this agency appeal on respondent’s claim of sovereign immunity, but will transfer the matter to Spotsylvania County Circuit Court. Under Va. Code § 8.01-261(1), the parties focus their contentions on the provision that ...

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Employment – Contract – Novation – Craving Oyer (access required)

A former executive with Brown Distributing Company seeking additional compensation the company allegedly owes him can’t get the company’s counterclaim for declaratory relief dismissed, but he is entitled to any writing the company alleges embodies their overall agreement, in response ...

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Real Estate – Quantum Meruit Claim for Rent (access required)

A Norfolk Circuit judge says the city states claims for implied contract and quantum meruit against the occupant of an arcade, whose owner assigned its rent payments to the city, on allegations that the occupant discussed paying rent, continued to ...

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