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Author Archives: Deborah Elkins

Employment – ERISA – Disability Benefits – Pre-Existing Condition (access required)

A sheet metal mechanic for an air-conditioning company is not entitled to long-term disability for his back condition because his medical record indicates a pre-existing condition of back pain, the Richmond U.S. District Court says; even though claimant did not ...

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Taxation – Car Sales – Tax Write-Off – Bona Fide Sale (access required)

An automobile manufacturer presented sufficient evidence to support the jury verdict that a 1983 contract selling excess inventory to a warehouser was a bona fide sale of previously transferred inventory, to allow the manufacturer to qualify for a tax refund ...

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Civil Rights – Hospital Staff – Privilege Suspension – Due Process (access required)

A physician whose hospital staff privileges were suspended cannot sue under 42 U.S.C. § 1983 for due process violations because he has not shown that appointment of defendant hospital’s board of trustees by state actors meant the board acted under ...

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Civil Rights – Schools – IDEA – Attorney’s Fees – Confidential Mediation (access required)

Because a school board’s settlement offer to an autistic student’s parents explicitly referred to a confidential mediation, in violation of the IDEA, the 4th Circuit says the district court properly refused to consider the offer as evidence and granted attorney’s ...

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The waiting game: Toughing it out in the construction industry (access required)

Lawyers who practice construction law have been watching and waiting. Waiting for the B2B bustle to give way to the B2G hustle. After the business-to-business buzz of the past two years subsided, businesses – and the lawyers who serve them ...

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Search & Seizure – Marijuana Smell – Crack In Bathroom (access required)

An alleged illegal entry by police into a house where a neighbor had reported smelling burning marijuana did not contribute to the eventual discovery of crack cocaine in the bathroom sink, and the Court of Appeals upholds denial of the ...

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Commercial – VP Letter Lets Fraud Suit Advance (access required)

An investment fund that bought a government-backed loan used for a beach restaurant can sue the bank that sold it the loan for fraud, based on allegations that the bank knew the borrower had failed to repay a prior loan, ...

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‘No boys with cars’ case reversed

A parent who heard the dad of her daughter’s 14-year-old friend expressly say, “No boys with cars,” must face a wrongful death claim filed by the girl’s estate, the Supreme Court of Virginia said today. The dad, Michael Kellermann, sued ...

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Employment – Defamation Claim Advances (access required)

Even though a former bank employee does not have a copy of a supervisor’s alleged e-mail telling coworkers the employee had been terminated for abandoning her position, the employee can try her defamation claim supported by a former coworker’s testimony ...

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Real Estate – Table Applied to Cap Lawyer Fees (access required)

In awarding fees in a commercial lease case, an Alexandria U.S. District Court applies a fee table from a 2008 4th Circuit case and caps an associate’s fees at $200, not $265, per hour, and awards a total of $31,058 ...

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