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Author Archives: Deborah Elkins

Bankruptcy – Proof Of Claim – Tolling Time Limit – Ch. 13 (access required)

The Internal Revenue Service asserts it did not receive proper notice to file a timely proof of claim, and an Alexandria U.S. Bankruptcy Court refuses to toll the claim bar date but will allow the chapter 13 trustee to withdraw ...

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Employment Discrimination – Title VII – Sex – Age – Jail Employees (access required)

Although the female former jail employee has shown that a “reasonable person” could find her harassment by defendant was “severe and pervasive,” she has not shown that the offending behavior had any impact on her personally, and a magistrate judge ...

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Employment Discrimination – Title VII – Sex – Age – Jail Employees (access required)

A magistrate judge for an Abingdon U.S. District Court recommends summary judgment for defendant regional jail authority in this discrimination suit filed by a female charge nurse who was terminated from her job at the jail. This case comes before ...

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Criminal – Drug Conspiracy – Witness Recantation – New Trial (access required)

In this drug conspiracy case involving 51 defendants, an Abingdon U.S. District Court denies a motion by two defendants for a new trial, based on their claim that prosecution witnesses have recanted their trial testimony. In this criminal case, after ...

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Criminal – Drug Conspiracy – Witness Recantation – New Trial (access required)

Two defendants convicted of a drug conspiracy that involved 51 defendants are denied a new trial based on their claim that three prosecution witnesses have recanted their testimony, in this decision from an Abingdon U.S. District Court. Defendants Anthony Eugene ...

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Environmental – FEIS – I-81 Corridor Study – Road Widening – Alternatives (access required)

Plaintiff environmental advocates lose their challenge to the Federal Highway Administration’s 2007 issuance of a Tier 1 record of Decision for the Final Environmental Impact Statement on the I-81 Corridor Improvement Study, and to the FHWA’s decision to invoke a ...

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Attorneys – Legal Malpractice – Military Charges – Expert Opinion (access required)

A lawyer wins summary judgment on a former client’s legal malpractice claim alleging the lawyer was negligent in defending the client on sexual misconduct charges he faced as a U.S. Marine; a Harrisonburg U.S. District Court says plaintiff has not ...

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Civil Procedure – Venue – VPCA – Homeowner’s Claim (access required)

Although plaintiff lawyers, acting pro se, are members of the D.C. Bar and would like to do their e-filing in their consumer protection suit in the D.C. U.S. District Court, that court grants a defense motion to transfer to the ...

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Intellectual Property – Patent Infringement – Claim Construction (access required)

A Richmond U.S. District Court refines an earlier claim construction opinion in this patents-in-suit litigation involving electronic door locking mechanisms. Rutherford Controls Int’l Corp. v. Alarm Controls Corp. (Hudson, J.) No. 3:08cv369, Sept. 1, 2009; USDC at Richmond, Va. VLW ...

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Intellectual Property – Patent Infringement – Claim Construction (access required)

In this patents-in-suit litigation involving electronic door locking mechanisms, a Richmond U.S. District Court issues its ruling after a claim construction hearing on the 10 terms disputed by the parties, including “slot,” “projection,” “slotted head” and “means for selecting.” Rutherford ...

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