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Author Archives: Deborah Elkins

Criminal – Firearm Use – Robbery – Franklin Mint Replica Gun (access required)

A defendant who used a Franklin Mint “John Wayne Replica” .45 caliber handgun to demand Oxycontin from a pharmacist can be convicted of use of a firearm in the commission of a robbery, the Court of Appeals says. The commemorative ...

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Civil Procedure – Personal Jurisdiction – Virginia Contacts (access required)

In this litigation over construction of a dry mill ethanol plant near Riga, Mich., a Richmond U.S. District Court cannot exercise personal jurisdiction over defendant, an Oregon company, as plaintiff initiated contact with defendant, the contract was to be performed ...

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Civil Rights – Attorney’s Fees – ABC Board (access required)

In plaintiffs’ challenge to certain statutes and a regulation of the Virginia Alcoholic Beverage Control Board, a Richmond U.S. District Court will award plaintiffs $16,462.88 in attorney’s fees and $3,144.69 in costs. Prior to the actions taken by this court, ...

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Contract – Government – Secret Service Rifles – False Claims Act (access required)

A former employee of a government contractor that bid on a contract to provide the U.S. Secret Service with rifles with ambidextrous selector levels, who allegedly pointed out violations in the procurement process, has not engaged in “protected activity” under ...

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Civil Procedure – Wrongful Death Suit Venue (access required)

In this wrongful death suit arising from a multi-vehicle accident on I-81 in Shenandoah County, Va., resulting in the death of a Tennessee resident, a Richmond U.S. District Court transfers venue to the Western District of Virginia. Plaintiff’s only relation ...

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Cell-phone photos are not private, federal judge says (access required)

Sexy cell-phone photos may get into the wrong hands, as illustrated by the latest cautionary tale to come through federal court. A woman who sued Culpeper police officers for their unauthorized viewing and dissemination of her nude pictures on a ...

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Tort – Defamation – Lodge Administrator – Audit Report (access required)

A former administrator for a Loyal Order of Moose Lodge cannot sue lodge officials for defamation based on statements in letters, e-mail, and at a board and staff meeting that discussed the administrator’s dismissal as administrator and as a lodge ...

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Real Estate – Vested Rights – Governmental Act (access required)

A developer did not acquire vested rights to proceed with a project at the intersection of Jonesboro Road and I-81, as presented in a final site plan to the Abingdon planning commission; a Washington County Circuit Court says that acceptance ...

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Search & Seizure – Traffic Stop – Point Of Seizure (access required)

Police had reasonable suspicion to stop defendant after initially observing him parked at 2:00 a.m. in the parking lot of a shopping center that center that had been burglarized six times in the past year, and the Court of Appeals ...

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Criminal – Malicious Wounding – Hearsay – Arrest Warrant (access required)

A defendant accused of stabbing his wife cannot challenge admission of hearsay statements in an arrest warrant and criminal complaint, as he admitted these documents without limitation, and the Court of Appeals affirms his conviction of malicious wounding, despite wife’s ...

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