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Author Archives: Deborah Elkins

Employment Discrimination – Age – Securities Sales – Constructive Discharge (access required)

In this decision from Richmond U.S. District Court, a securities firm wins summary judgment in this age-discrimination suit filed by a 51-year-old securities salesman, despite a supervisor’s alleged comment about trading being “a young people’s game,” and that plaintiff was ...

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Criminal – Habeas Corpus – N.C. Death Penalty – Request For Counsel (access required)

The 4th Circuit denies habeas relief for a North Carolina death-row defendant convicted of two counts each of murder, rape, kidnapping and robbery, and rejects defendant’s claims that the state court violated his Fifth Amendment rights in refusing to suppress ...

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Consumer Protection – Real Estate – Title Insurance Rate – Md. Law (access required)

The 4th Circuit says that RESPA, the Real Estate Settlement Procedures Act, does not provide any remedy for plaintiff home buyers’ claim alleging that defendant Ticor Title Insurance Company of Florida, charged them rates higher than the applicable rates Ticor ...

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Criminal – Cocaine Conspiracy – Jury Instructions (access required)

A defendant who was reputed to be the “biggest dealer” at Shriver’s Motel in Luray, Virginia, a dealer who “never ran out” of cocaine, has his multiple firearms and drug distribution convictions affirmed by the 4th Circuit, despite his several ...

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Criminal – Sex Offender Registration – SORNA – APA Claim (access required)

Although Maryland had not yet implemented enhanced registration requirements for sex offenders when defendant moved to Maryland, he nevertheless could be convicted under the Sex Offender Registration & Notification Act for his failure to register when he moved to Maryland ...

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First lawsuit filed in Metro crash

Deep in today’s Washington Post story about the deadliest crash in Metro history is this nugget, flagged by On The Record, a blog of our sister paper in Maryland: The first lawsuit against Metro as a result of the crash ...

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Products Liability – Ladder Expert Flunks ‘Daubert’ Test (access required)

A civil engineer/engineering professor falls short of the Daubert standard in his tests on the “Little Giant” ladder, and an Alexandria U.S. District Court excludes plaintiff’s expert evidence and grants summary judgment to the manufacturer. Holmes v. Wing Enterprises Inc. ...

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Domestic Relations – Parents Clash Over Shots for Child (access required)

Dad says mom is “manipulating” the court with her anti-vaccine stance, but a Fairfax Circuit Court says mom has a bona fide religious objection, and gives mom sole authority for medical decisions. Grzyb v. Grzyb (VLW 009-8-131) (11 pp.)

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Criminal – Prosecutors Faulted on Discovery (access required)

The 4th Circuit says it “hardly approves” of how the prosecution handled discovery, but its failure to share a binder listing controlled drug buys at a Luray motel did not prejudice defendant. U.S. v. Jeffers (VLW 009-2-110) (23 pp.)

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