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Author Archives: Deborah Elkins

Civil Procedure – Partial Appeal – Consulting Fee Contract (access required)

A consultant who won a $230,400 breach of contract judgment can enforce that judgment, while appealing the portion of the judgment that denied him additional consulting fees, and the Alexandria U.S. District Court denies defendant’s motion to stay execution of ...

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Criminal – Aggravated Identity Theft – ‘Knowing’ Possession – Retroactive Effect (access required)

In an apparent first-impression decision, a Newport News U.S. District Court retroactively applies the requirement that a defendant “knowingly” possess identification belonging to another for aggravated identity theft, announced in May 2009, and vacates defendant’s conviction under 18 U.S.C. § ...

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DUI defendant protects hospital records

A Norfolk Circuit Court has denied a prosecutor’s request for a DUI defendant’s hospital records from the night he was arrested at the hospital where he was taken after a traffic accident. In a case of apparent first impression, Norfolk ...

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Web site demands client payment

Ever want to buy a billboard to dun a deadbeat client? A French law firm tried a similar approach to collecting a legal fee. It registered the purported client’s personal name as a domain name and dunned him for the ...

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‘Dad’ succeeds in effort to undo default support (access required)

A man who provided a “nonexistent” New York address for process in a child support case has overturned a default judgment for over $26,000 in support arrearage. A Fairfax Circuit Court had ordered registration of the Washington state default judgment ...

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VSB withdraws LEO on third-party Web sites (access required)

The Virginia State Bar’s Committee on Legal Ethics has withdrawn LEO 1851, which would have found it unethical for an attorney to participate in some third-party Web sites. Publication of the draft drew opposition from the operators of some sites, ...

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Civil Procedure – Limitations – Nonsuit (access required)

Where a plaintiff’s p.i. suit was nonsuited after plaintiff’s death from unrelated causes and the action was no longer pending after plaintiff’s death, his personal representative could commence or recommence the p.i. action plaintiff was entitled to bring, and a ...

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Negligence – Sovereign Immunity – Radiologic Supervisor (access required)

A trainee supervisor for a probationary radiologic technologist at U.Va. Medical Center has sovereign immunity – as a supervisor – from this negligence suit filed by a patient who alleges negligence in the technologist’s use of a plastic board to ...

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