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Author Archives: Deborah Elkins

Domestic Relations – Custody – Passport Surrender – Sanctions (access required)

A father did not preserve for appeal his challenge to the trial court’s order requiring both parents to surrender their and their children’s passports to their lawyers, but the Court of Appeals reverses the sanctions order that precluded husband from ...

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Criminal – Traffic Stop – Cocaine – Intent To Distribute – Quantity (access required)

Because the 0.733 gram of cocaine – including a 0.442 gram single rock – was not inconsistent with personal use, the Court of Appeals reverses defendant’s conviction of possession of cocaine with intent to distribute, and remands the case. The ...

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Criminal – Malicious Wounding – Exculpatory Evidence – New Trial (access required)

Although the police officer reported that defendant smelled of alcohol and was confused when the officer arrested defendant for stabbing another man at his boarding house, subsequent discovery of a police booking report showing defendant’s blood alcohol content at the ...

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Search & Seizure – Auto Search – Exigent Circumstances (access required)

The Court of Appeals says a trial court erred in suppressing cocaine and firearm evidence found in defendant’s vehicle; the proper test was whether the van was apparently rather than actually mobile and the evidence, viewed in the light most ...

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Attorneys – Contempt – Failure To Appear – Oral Argument (access required)

The Court of Appeals sanctions a lawyer who failed to appear for oral argument in two cases before the court, after previously having received a public reprimand from the Virginia State Bar that required the lawyer to implement a docket ...

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Securities Fraud – Florida Condo Sale – Unfair Trade Practices (access required)

A Roanoke U.S. District Court dismisses securities fraud claims filed by plaintiff condo buyer who alleges defendant sellers defrauded plaintiff buyers in their purchase of condominium units in a South Florida project, as the complaint fails to allege facts that ...

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Employment Discrimination – Race – Jail Cook (access required)

An African-American female cook who complained to her employer that a white female plaintiff supervised called plaintiff racist names, and that her employer failed to take any remedial action so that plaintiff cook was forced to take early retirement, can ...

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Civil Rights – Excessive Force – Wrongful Arrest – Joinder (access required)

Although it is true plaintiff’s complaints of excessive force by defendant law enforcement officers, arising from two separate arrests 11 months apart, present common questions of law, there are no common factual issues, and a magistrate judge of the Abingdon ...

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Employment Discrimination – Sexual Harassment – Plant Manager (access required)

Two women who allege that after they were among the first women newly hired at defendant plant, they were subjected to “aggressive, physical sexual advances by the company’s plant manager, which they detail in their joint Complaint,” have stated a ...

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Employment – UMW Pension Plan – Company Contributions – Damages (access required)

Defendant East Star Mining Company was a signatory to wage agreements with the United Mine Workers, and has failed to make contributions to multi-employer benefits plans, underpaying required contributions to the Funds by $67,283.13, and a magistrate judge of the ...

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