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Author Archives: Deborah Elkins

Civil Rights – Prisoner’s Shaved Head – Religious Beliefs – RLUIPA (access required)

In a South Carolina inmate’s suit alleging claims of excessive force and violation of his religious beliefs arising from the forced shaving of his head under the institutional grooming policy, the 4th Circuit vacates summary judgment for defendant prison officials ...

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Securities – Fraud – PSLRA – Scienter (access required)

Disappointed investors’ allegations that defendant company was seeking to avoid a default on its credit agreements in its statement to investors on a goodwill impairment charge do not adequately allege scienter under PSLRA pleading requirements, but the 4th Circuit says ...

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Civil Rights – Wolf Seizure – Qualified Immunity – Hybrid Animal (access required)

In this “case about a wolf named Dutchess,” the 4th Circuit upholds qualified immunity for an animal control officer who removed the wolf from its owners’ residence. This is a case about a wolf named Dutchess. Concerned that the wolf’s ...

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Admiralty – Fuel Bunkers – In Rem Action – Maritime Lien (access required)

In this maritime action in which Panamanian corporation Triton Marine Fuels Ltd., S.A, alleges that it supplied the M/V PACIFIC CHUKOTKA Vessel with fuel bunkers in a foreign port but was never paid; the 4th Circuit reverses summary judgment for ...

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Civil Procedure – Pleading Standard – Fair Credit Act Claim (access required)

A pro se plaintiff who “is no stranger to federal civil litigation,” having filed at least 43 other civil lawsuits since 2000, has his latest effort, his amended complaint alleging violations of the Fair Credit Reporting Act and Virginia state ...

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Contract – Arbitration – Good Faith & Fair Dealing (access required)

In this suit by an insurance carrier to enforce an arbitration provision against the insured and other carriers who have issued certain commercial insurance policies, a Richmond Circuit Court holds that all the disputes and claims are subject to arbitration ...

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Domestic Relations – Paternity – Post-Court Order Petition (access required)

Although a man signed an acknowledgement of paternity at the time a 12-year-old girl was born, a Richmond Circuit Court says he is entitled under Va. Code § 20-49.10 to terminate his child support payments now that genetic testing proves ...

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Creditor’s Rights – Bailee – Turnover Order (access required)

An Alexandria Circuit Court says Hui Scott is not a bailee under Va. Code § 8.01-507, as she purchased the assets of the judgment debtor, the Unicorn Hair Salon, from defendant, and plaintiff judgment creditor of the former salon owner ...

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