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Author Archives: Deborah Elkins

Civil Rights – ABC Enforcement – Club Activity (access required)

A proprietor of two Richmond-area clubs who alleges law enforcement activities by defendant police agencies has deprived him of “economic freedom” has his suit dismissed by a Richmond U.S. District Court, as defendants have qualified and/or sovereign immunity from any ...

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Intellectual Property – Trademark Infringement – Flooring Supplier (access required)

A Richmond U.S. District Court denies reconsideration of its decision that plaintiff flooring supplier has proven neither damages nor injury, in its trademark suit challenging defendant’s advertising. Under Xoom Inc. v. Imageline Inc., 323 F.3d 279 (4th Cir. 2003), a ...

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Administrative – FOIA – Records Description (access required)

An Alexandria U.S. District Court grants summary judgment to the CIA on three of six categories of documents sought by a nonprofit group’s FOIA request, as the group’s requests for information on internal matters such as the agency’s indexing and ...

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Civil Procedure – Removal – FTCA (access required)

An Alexandria U.S. District Court denies plaintiff’s motion to remand to Virginia state court this pro se suit filed by a disappointed loan applicant against a federal credit union that she claimed denied her application because of discrimination, and then ...

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Criminal – Death Penalty – Post-Trial Motions – Extension (access required)

A Norfolk U.S. District Court says it has inherent authority and Rule 57(b) authority to consider post-trial motions after the selection/penalty phase of a federal death penalty case, and will grant defendant an extension of time to five weeks from ...

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Civil Rights – False Arrest -Swordplay Report – Qualified Immunity (access required)

A plaintiff who twice was contacted by police over the course of an evening of drinking after a companion reported to police first, that plaintiff had assaulted him with a sword, and then, that plaintiff was harassing the companion after ...

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Employment – ERISA – Union Pension Fund – Withdrawal Liability (access required)

After dismissal of plaintiff Teamsters Pension Fund’s ERISA suit against defendant Weidner Realty seeking to impose withdrawal liability of $485,936 on defendant, based on the business relationship between employer Empire Beef, who ceased operations in Richmond in 2005 and then ...

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Consumer Protection – Collections Call – Credit Report – FDCPA (access required)

A Richmond U.S. District Court says a woman can sue defendant collection agency under the Fair Credit Reporting Act for allegedly misrepresenting that it had her social security number and a copy of an application with her signature, on her ...

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Criminal – Habeas Corpus – Ineffective Assistance – Right To Silence (access required)

A murder suspect invoked his right to counsel when he told police “I’ve decided not to say any more,” and because police continued questioning him without a waiver of his Miranda rights, defense counsel should have moved to suppress the ...

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Securities – Fraud – E-Mail Stock Tip – Investor Newsletter (access required)

Pirate Investor, a Maryland LLC that publishes investment newsletters and subscriber e-mail “Blasts,” violated federal securities laws when it sold an e-mail stock tip purportedly based on conversations with a company’s inside senior executive, and the 4th Circuit affirms a ...

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