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Author Archives: Deborah Elkins

Products Liability – Defective Ladder Claim – Daubert – Expert Exclusion (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 defendant manufacturer. The pro se plaintiff was ...

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Labor – FLSA – Overtime Pay – School Employees – Class Action (access required)

In a suit for overtime pay under the Fair Labor Standards Act, an Alexandria U.S. District Court declines to conditionally certify a class of school board employees who provide security, athletic coaching and ticket-taking services at school athletic events. While ...

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Civil Procedure – Frivolous Complaints – Pre-Filing Inquiry (access required)

A pro se plaintiff who has sued 31 entities as defendants, alleging a variety of employment discrimination, tort and contract claims arising from defendant media and entertainment companies’ alleged theft of plaintiff’s ideas for movie plots, popular songs, magazine layouts ...

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Civil Procedure – Frivolous Complaints – Pre-Filing Inquiry (access required)

A pro se plaintiff who has sued 31 entities as defendants, alleging a variety of employment discrimination, tort and contract claims arising from defendant media and entertainment companies’ alleged theft of plaintiff’s ideas for movie plots, popular songs, magazine layouts ...

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Negligence – Airline Passenger – Wheelchair – Deposition – Treating Doc ‘Expert’ (access required)

Although an elderly airline passenger who was not provided the requested wheelchair when she deplaned exhibited some confusion during her deposition in California, a Richmond U.S District Court declines to exclude the deposition on the ground of the passenger’s mental ...

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Insurance – Auto Accident – UM Coverage – Contingency Clause (access required)

A truck driver who was injured while driving a truck for his employer, Professional Delivery Systems, leased from a trucking company, Idealease, is not barred from coverage under a “contingency clause” in the lessor’s policy that excludes UM/UIM coverage if ...

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Civil Procedure – Venue – Trademark Dispute (access required)

An Alexandria U.S. District Court grants defendant’s motion to transfer this trademark dispute over a rotary dental bar from the Eastern District of Virginia to South Carolina, because this case has only a slight connection to Virginia and a stronger ...

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Real Estate – Commercial Lease – Gas Station – Construction Permits (access required)

Plaintiff Boulevard Associates may pursue a damages claim against defendant Wawa for alleged breach of a contract to lease property in Virginia Beach for a gas station and convenience store, for which Wawa could not obtain the necessary construction permits, ...

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Civil Rights – Venue – Jail Inmate (access required)

An Alexandria U.S. District Court dismisses for improper venue under 28 U.S.C. § 1391(b) an Orange, Virginia inmate’s civil rights suit against defendant correctional officials, as affidavits filed by defendants clearly show that none of the named defendants reside in ...

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Criminal – Civil Forfeiture – Seized Currency – Default Judgment (access required)

A magistrate judge for the Alexandria U.S. District Court recommends default judgment for the government against $8,500 in U.S. Currency, two jet skis, and a dirt bike, based on the property owner’s theft of nearly 9,000 Vicodin pills while a ...

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