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Author Archives: Deborah Elkins

Negligence – Premises Liability – Hotel Room Desk (access required)

A woman who alleges she was injured when she was using the desk in her hotel room and it pulled away from the wall and fell on top of her, can sue for negligence based on her claim that the ...

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Contract – Limitations – Equitable Estoppel (access required)

In this contract action transferred from the Eastern District, a Roanoke U.S. District Court says plaintiff can go forward with a breach of contract claim for nonpayment for a motor controller, based on plaintiff’s theory that the one-year statute of ...

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Criminal – Habeas – Capital Murder – Guilty Plea – Ineffective Assistance (access required)

A Roanoke U.S. District Court denies post-conviction relief to a woman who pleaded guilty to capital murder for hire of her husband and adult step-son in order to collect insurance money. Weighing the aggravating circumstances surrounding the murders against the ...

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Labor – LMRA – Retiree Health Benefits (access required)

In this suit by retirees from the Volvo plant in Dublin, Va., alleging an illegal unilateral modification of retiree health benefits provided by union contract, a magistrate judge for the Abingdon U.S. District Court recommends denial of defendant manufacturer’s motion ...

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Contract – Limitations – Flow-Down Contract – Brick Veneer (access required)

Applying Virginia’s contract statute of limitations and interpretation of flow down contracts, a Danville U.S. District Court grants summary judgment to defendant masonry subcontractor in this suit by the prime contractor arising from replacement of brick veneer on a local ...

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Civil Procedure – Jurisdiction – State Court Remand – School Board Remand (access required)

A Charlottesville U.S. District Court remands to state court a former school employee’s suit against the school board for alleged violations of her rights that occurred when she was disciplined by school administrators for using the “n-word” at a school ...

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Civil Procedure – Default Judgment – Equipment Lease (access required)

Plaintiff assignee of an equipment lease agreement for an industrial knife grinder is entitled to default judgment in its suit alleging default on the lease agreement, to which defendant lessee and guarantor have failed to timely respond a Lynchburg U.S. ...

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Civil Procedure – Jurisdiction – Patent Infringement – Prescription Drug (access required)

Plaintiff pharmaceutical company that has spent $40 million to develop a pain medication, ALO-01, containing naltrexone, which prevents a potential drug abuser from experiencing euphoria caused by the opiate, can sue defendant drug company in a declaratory judgment action asking ...

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Employment – ERISA – Disability Benefits – Overpayment Recoupment (access required)

Although a plan administrator has reasonably interpreted the plan to allow deduction of the value of a disabled miner’s union pension from his monthly disability benefit, an Abingdon U.S. District Court says that equitable considerations prevent the plan from recouping ...

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