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Author Archives: Deborah Elkins

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New trial for denial of hired lawyer (access required)

A robbery defendant from Danville has won a new trial based on a June decision by the U.S. Supreme Court on a criminal defendant’s right to retained counsel of his choice. Previously, a defendant challenging a trial court’s denial of ...

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Master of his domain name? (access required)

A man who used his personal name as a domain name to sell real estate can employ a federal cyberpiracy statute to sue the Web host who refuses to transfer that name to another Internet service provider. Even though the ...

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Best of 2006 – Top Cases (access required)

FEDERAL COURTS One of the top stories in federal courts covered by Virginia Lawyers Weekly has been the unfolding effect of U.S. v. Booker on criminal sentences. Under Booker, guidelines set by the U.S. Sentencing Commission are no longer mandatory, ...

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Give a dog a bone (access required)

Pets – excuse me, animal companions – are big business in America. Any shopper who idly wanders the aisles at PetSmart can see that dogs are among the most pampered of pets. Even purveyors of luxury goods know there’s a ...

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No negligence claim for false HIV test (access required)

A technician who received a “false positive” HIV test after a needle stick at work cannot sue the company that reported the wrong result for negligence, an Abingdon federal district court has ruled. The magistrate judge and district judge on ...

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No VPCA claim for ?medical device' suit (access required)

A patient alleging dental malpractice cannot sue a manufacturer of orthodontic headgear under the Virginia Consumer Protection Act, under an Oct. 19 decision by a Norfolk Circuit judge. The VCPA, which allows treble damages for willful violations and attorney’s fees, ...

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