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Author Archives: Deborah Elkins

WORKERS’ COMP – Widow’s Benefits – Sham ‘Green Card’ Marriage Claim (access required)

Although employer contends a worker who died and his wife were in an illegal “sham green-card marriage,” the Court of Appeals rejects employer’s claim that the marriage was “against public policy” and affirms the award of benefits to the worker’s ...

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EMPLOYMENT DISCRIMINATION – Sexual Assault – Retaliation – Response To Complaint (access required)

Defendant Department of Corrections cannot win summary judgment by asserting it adequately responded to plaintiff female employee’s complaints of sexual harassment and sexual battery by her male supervisor by repeatedly admonishing him to stay away from her, and a Roanoke ...

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CIVIL RIGHTS – Child Neglect Investigation – Protective Order (access required)

A Roanoke U.S. District Court dismisses a civil rights suit filed by a father against his former wife, her mother and several social workers who investigated a protective service complaint for child neglect of his seven-year-old son by the father. ...

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CRIMINAL – Collateral Attack – Waiver (access required)

A defendant convicted of methamphetamine manufacture in a public housing project in Damascus has waived his right to collaterally attack his conviction by his valid guilty plea, an Abingdon U.S. District Court says. Nor has defendant presented any specific facts ...

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CIVIL RIGHTS – Conspiracy – Fire Department Bequest (access required)

A Lynchburg U.S. District Court dismisses a civil rights suit filed by the Lexington Fire Department against defendant accountant alleging he and defendant City of Lexington conspired to pass a municipal ordinance to appropriate fire department property for the city ...

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CRIMINAL – Threat Against Official – Mental Condition Notice (access required)

An Abingdon U.S. District Court grants the government’s motion to exclude certain medical evidence proffered by defendant, and also grants defendant’s motion to file a belated Notice of Mental Condition as part of his defense to three counts of making ...

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