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Author Archives: Deborah Elkins

Employment – ERISA – Disability & Pension Plans – Overpayments (access required)

A board for longshore workers’ disability and pension plans can sue defendant for overpayments allegedly received under the terms of the two plans by defendant, who had entered into a workers’ comp settlement; a Norfolk U.S. District Court says the ...

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Real Estate – Title Insurance – Surety Bond – CRESPA (access required)

A title insurance company that had to pay a claim to a refi-lender who lost money after an agent of the title insurer diverted loan payoff funds and the property went through foreclosure, can sue its surety for breach of ...

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Bankruptcy – Preferential Transfer – Real Estate – Ex-Wife’s Trust (access required)

On interlocutory appeal of a bankruptcy trustee’s adversary proceeding to avoid transfer of a Chapter 7 debtor’s real estate interests to his ex-wife, an Alexandria U.S. District Court affirms the bankruptcy court’s decision allowing the trustee to avoid the preferential ...

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Civil Procedure – Jurisdictional Amount – Medical Bills – Remand (access required)

A Richmond U.S. District Court remands to Virginia state court this negligence action against defendant Wal-Mart Stores East because defendant has done no more than assert that plaintiff could amend his suit seeking $74,900 in damages, including $63,964.92 in medical ...

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Employment – Polygraph Test – Employee Protection Act Violation (access required)

An employee who alleges he was fired one day after employer required him to take a polygraph test that purportedly showed “deception” wins partial summary judgment on employer’s liability for wrongfully requesting and referring to the polygraph in violation of ...

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Civil Rights – Online Land Records – Privacy Right – SSNs (access required)

A Richmond U.S. District Court holds that Va. Code § 59.1-443.2 is unconstitutional and cannot be applied to the Web site of a privacy-rights advocate who has used her Web site to post SSNs of certain legislators and clerks of ...

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Environmental – Surface Coal Mining – Stream Fill Permits (access required)

The 4th Circuit denies rehearing and rehearing en banc in this challenge by plaintiff environmental groups to the U.S. Army Corps of Engineers’ issuance of four permits allowing filling of West Virginia stream waters in conjunction with area surface coal ...

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Constitutional – State Agency Dispute – Sovereign Immunity – Mental Health Agency – Peer Review Records (access required)

A Virginia state advocacy agency for the mentally disabled cannot sue other state officials for alleged violations of federal statutes in denying plaintiff agency access to “peer review” records related to three person who died or were injured in state ...

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Criminal – Teen Sex Videotape – High School Coach (access required)

The 4th Circuit upholds a former high-school JV football coach’s conviction under 18 U.S.C. § 2251(a) for producing a videotape of a 14-year-old girl, the team manager, having sex with defendant and with another man, after rejecting his claim that ...

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Criminal – Cockfighting – Sentencing – Supplier Conviction (access required)

A seller of cockfighting supplies arrested when federal agents shut down the Page County, Virginia “Little Boxwood cockpit” cannot be convicted under 7 U.S.C. § 2156(a) because the indictment failed to charge that he had sponsored “an animal in” an ...

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