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Author Archives: Deborah Elkins

‘Virginia Law’ Supports Incumbent Choice (access required)

The 4th Circuit affirms a district court’s decision that it had no subject matter ju­risdiction over a lawsuit filed by the 24th Senatorial District Republican Committee of Virginia and its committee chair chal­lenging Virginia’s Incumbent Protection Act, which allows an ...

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Protecting special needs clients during divorce (access required)

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Divorce lawyers running a checklist with new clients should not over­look planning for special-needs family members, say lawyers with expertise in preparing for such needs. Disability and special needs issues arise in more families every year, according to Arlington lawyer ...

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Jurisdiction Holds for Reduced Highway ‘Take’ (access required)

A Dinwiddie County Circuit Court holds that the Highway Commissioner’s amend­ment of a certificate of take to reduce the property taken does not nullify the bona fide offer to purchase as a condition prece­dent for the court’s jurisdiction. The commissioner ...

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Commissioner Seeks to Reduce Highway ‘Take’ (access required)

A Dinwiddie County Circuit Court de­nies a property owner’s motion to dismiss the Commissioner of Highways’ petition for condemnation and request to partial­ly invalidate the certificate of take in this case involving property near the intersec­tion of Cox Road and ...

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No Defamation Per Quod for Nurse ‘Error’ (access required)

A substitute school nurse cannot state a defamation claim based on two statements school officials made to a television inves­tigative reporter about a sick student’s re­lease to her aunt as not following “protocol” and as an “error”; the Petersburg Circuit ...

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No Defamation Per Se for Nurse ‘Error’ (access required)

A substitute school nurse cannot state a defamation claim based on two statements school officials made to a television inves­tigative reporter about a sick student’s re­lease to her aunt as not following “protocol” and as an “error”; the Petersburg Circuit ...

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Evidence Inadequate for ‘Inventory Search’ Policy (access required)

Although an officer had authority to impound defendant’s vehicle which had stopped in a lane of traffic, the common­wealth introduced no evidence of the local policy on vehicle inventory searches the of­ficer claimed to be implementing, and the presumption that ...

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