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Author Archives: Deborah Elkins

Appeals Court Splits Over ‘Invited Error’ (access required)

On rehearing en banc, a divided Court of Appeals upholds defendant’s grand robbery conviction, as the majority says defendant’s lawyer conceded at her robbery trial that the commonwealth had proved grand lar­ceny; we hold that defendant invited error when she ...

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Court Upholds Red Onion Maximum-Security Classifications (access required)

A Roanoke U.S. District Court grants summary judgment to defendant Virginia Department of Corrections on plaintiff’s suit alleging that the classification proce­dures that allegedly have prevented him from earning his release from the highly restrictive segregated confinement condi­tions at Red ...

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Company Owner Liable for Missed Payroll Taxes (access required)

The sole owner and chief executive offi­cer of an industrial construction company, who received financial information and IRS notices about the company’s failure to cover payroll taxes, and who made deci­sions about prioritizing payments to other creditors, was a “responsible ...

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Injunction Not Violated by Drypad Hospital Contract (access required)

A Roanoke U.S. District Court says de­fendant manufacturer has not violated the court’s 2015 injunction ordering it to cease and desist marketing its China-made Ultrasorbs as being made in the U.S. and forbidding it from using any reference to plaintiff’s ...

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Pro Se Suit Dismissed as Discovery Sanction (access required)

A Lynchburg U.S. District Court grants defendants’ motion for sanctions and dis­misses with prejudice this pro se suit alleg­ing defendants fired plaintiff because he is African-American; plaintiff has repeatedly violated orders from the court to partici­pate in discovery and has ...

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Court Allows Expert on ‘Police Practices’ (access required)

In plaintiff’s suit alleging excessive force used by five defendant police officers, a Ro­anoke U.S. District Court refuses to exclude testimony of plaintiff’s expert on police conduct; and plaintiff, who filed his initial excessive force complaint while incarcer­ated and who ...

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