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Author Archives: Deborah Elkins

Criminal – Statutory Burglary – Attached Garage – Open-Door Entry (access required)

A defendant who entered a dwelling house through an open garage door cannot be convicted of statutory burglary, the Court of Appeals says in reversing defendant’s conviction on that charge; however, defendant’s complaint that the jury verdict form improperly referenced ...

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Criminal – Sentencing – Confrontation Clause – Crawford Analysis (access required)

Although Crawford v. Washington changed the way courts must analyze claims under the Confrontation Clause, neither Crawford nor its progeny have expanded the scope of the right of confrontation to sentencing hearings, and the Court of Appeals rejects defendant’s assertion ...

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Employment Discrimination – Sex – Age (access required)

A Richmond U.S. District Court grants summary judgment to defendant pharmaceutical company on a 51-year-old white female former manager’s substantive complaints of age and gender discrimination in her supervisor’s failure to promote her and ultimately to terminate her, but the ...

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Civil Procedure – Deposition – Corporate Representative (access required)

Where defendants initially subpoenaed a witness for a deposition, as an individual and not in a corporate capacity on behalf of a business called EMS, an Alexandria U.S. District Court magistrate judge denies defendants’ motion to subpoena him again. Even ...

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Employment – ERISA – Negligence Claim (access required)

A Richmond U.S. District Court denies reconsideration of its denial of defendant employer’s motion to dismiss a negligence claim filed by an estate, a claim employer contends is preempted by federal ERISA law. An employee enrolled in employer’s Voluntary Accident ...

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Contract – Forum Selection Clause – Permissive Forum (access required)

In this suit between plaintiff, a Maryland bank, and defendant, two Virginia corporations with their principal places of business in Fairfax, and an individual defendant who lives in Fairfax, an Alexandria U.S. District Court says venue is proper in the ...

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Civil Procedure – Late Answer – Motion To Strike – FLSA Suit (access required)

Although defendant employer filed its answer to plaintiffs’ suit seeking overtime pay under the Fair Labor Standards one day late, the Alexandria U.S. District Court denies plaintiffs’ motion to strike defendant’s answer and pay attorney’s fees, in light of the ...

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