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Author Archives: Deborah Elkins

Criminal – Marijuana Manufacture – NCIC Report – Continuance (access required)

The Court of Appeals affirms defendant’s convictions of marijuana manufacture not for his own use and receipt of a stolen shotgun, despite his claims that the trial court erred in continuing the trial date at the commonwealth’s request and erred ...

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Administrative – Marina Permit – Standing (access required)

Owners of waterfront property on Milford Haven in Mathews County have standing to challenge the Virginia Marine Resources Commission’s grant of a permit to a nearby marina to use state-owned bottomlands pursuant to Va. Code § 28.2-1205 in order to ...

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Civil Rights – Conversion – Trespass To Chattels – Remittitur (access required)

A Charlottesville U.S. District Court denies defendant landlord’s motion for remittitur in this case in which a jury awarded plaintiff tenants, an African-American married couple, $50,000 in punitive damages and $100,000 apiece in compensatory damages on their racial discrimination claims ...

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Criminal – Habeas – Ineffective Assistance – Plea Bargain Breach (access required)

Although a drug defendant contends the government breached its plea agreement when it undercut its sentencing recommendation by giving a “lukewarm” recommendation “after it had railed for several minutes about petitioner’s prior criminal involvement with drugs,” a Roanoke U.S. District ...

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Civil Rights – Schools – Disabled Student – Private School Tuition (access required)

A hearing officer was justified in finding a disabled student’s parent partly at fault for defendant school system’s failure to offer a free appropriate public education under the Individuals with Disabilities Education Act, but an Alexandria U.S. District Court says ...

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Civil Procedure – Contempt – Sanctions – Attorney’s Fees (access required)

An Alexandria U.S. District Court approves a magistrate judge’s recommendation that sanctions in the form of attorney’s fees and costs of $108,213 be imposed on two third-party witnesses for being found in civil contempt a second time, and that this ...

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Environmental – Clean Water Act – Pollutant Discharge (access required)

A Norfolk U.S. District Court accepts the magistrate judge’s recommendation to enter default judgment against defendant tree service on the federal government’s complaint alleging unauthorized discharge of pollutants into U.S. waters, in violation of the Clean Water Act, in the ...

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Intellectual Property – Trademark Infringement – Kitchen Cabinetry (access required)

A Richmond U.S. District Court says plaintiff cabinet manufacturer may sue defendants for infringement of its “Grove” mark that plaintiff plans to use in connection with manufacture of “Cherry Grove” kitchen and bathroom cabinets, that defendant La-Z-Boy has claimed infringes ...

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