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Author Archives: Deborah Elkins

Civil Procedure – Dec Action – Limitations – Fraud (access required)

A Fairfax Circuit Court says the statute of limitations for a declaratory judgment action alleging fraudulent procurement of a beneficiary designation form, is the two-year period for a fraud action. The court finds the underlying object of the litigation in ...

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Criminal – Batson Challenge – Robbery (access required)

Although defendant contends the trial court erred in upholding the prosecutor’s strike of African-American jurors based on information known only to the commonwealth and not on information elicited during voir dire, the Court of Appeals says the record does not ...

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Domestic Relations – Spousal Support – Net Military Retirement Pay (access required)

The Court of Appeals says a trial court did not err when it awarded wife 50 percent of husband’s military retirement pay and $600 in monthly spousal support, since the retirement award under equitable distribution differs from the spousal support ...

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Domestic Relations – Equitable Distribution – Property Classification (access required)

Contrary to husband’s claims on appeal, a divorce court did not err in finding that husband’s interests in two partnerships were marital property, not husband’s separate property; and in adopting the opinion of wife’s expert on valuation of husband’s partnership ...

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Criminal – Attempted Robbery – Victim’s ‘Presence’ (access required)

A defendant could be convicted of attempted robbery and a related firearm charge based on the intended victim hearing his doorbell ring and seeing through a peephole defendant put a black bandana across his face and a companion with a ...

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Search & Seizure – Traffic Stop – Reasonable Suspicion – Database Check (access required)

Although defendant, a passenger in a vehicle stopped for a defective brake light, turned up in Richmond’s computerized PISTOL database with a “probably armed and narcotics seller/user” alert based on a prior weapons arrest, police did not have a reasonable ...

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Products Liability – Constructive Fraud – Economic Loss Rule (access required)

A Lynchburg U.S. District Court grants summary judgment to defendant distributor of a Peterson HC 6700B Grinder in plaintiff lumber company’s products liability action, holding that the economic loss rule bars plaintiff’s sole surviving claim against the distributor, for constructive ...

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Employment Discrimination – EEOC Complaint – Letter (access required)

A Harrisonburg U.S. District Court refuses to dismiss plaintiff’s age discrimination complaint, despite defendant school board’s assertion that plaintiff’s filings with the EEOC do not constitute an adequate and timely charge; assuming that plaintiff can prove the EEOC received the ...

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Civil Rights – Juvenile Escapee – Social Services Custody (access required)

A Harrisonburg U.S. District Court dismisses a civil rights suit against defendant local social services agency and its employees that arises from the death of a 15-year-old girl placed by the agency in a private facility in Richmond, from which ...

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Employment Discrimination – Title VII – Timely EEOC Charge (access required)

A Title VII plaintiff’s bare allegation that she filed her EEOC complaint within the 180-day period after her termination from her job with defendant does not create a material dispute as to the timing of her EEOC complaint, and a ...

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