Quantcast
Home (page 1093)

Author Archives: Deborah Elkins

Criminal – Incapacitated Adult – Felony Neglect (access required)

A home health aide hired to care for a 55-year-old paranoid schizophrenic who suffered from multiple ailments, including ALS (Lou Gehrig’s Disease), was a “responsible person” under Va. Code § 18.2-369(B) and the Court of Appeals affirms her conviction for ...

Read More »

Criminal – Aggravated Sexual Battery – Inconsistent Verdict – Brady Claim (access required)

Although defendant contends the jury verdict is inconsistent because the jury should have accepted all of the young girl’s testimony and convicted him of two counts of aggravated sexual battery or rejected all of the girl’s testimony and acquitted him ...

Read More »

Domestic Relations – Cohabitation – Spousal Support (access required)

A divorce court found that the only evidence wife was “cohabiting” was her occasional use of her separate Wachovia bank account to pay her male roommate’s bills from funds he gave her for that purpose, and the Court of Appeals ...

Read More »

Domestic Relations – Spousal Support – Imputed Income (access required)

The Court of Appeals upholds a divorce court’s decision to impute income to husband, as the evidence supports the finding that husband’s family relationship with his employer (his mother) unduly influenced her decision to sell the salvage yard where he ...

Read More »

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 ...

Read More »

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 – ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »