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Author Archives: Deborah Elkins

Fiancée Can Sue for Return of Ring (access required)

Virginia’s “heart balm” statute does not prevent a man from suing his for­mer fiancée for return of a two-carat engagement ring valued at $26,000; the Supreme Court of Virginia affirms judg­ment for plaintiff. Virginia previously recognized suits for breach of ...

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Brokerage Customers Must Arbitrate Claims (access required)

Although plaintiffs contend their signatures on a brokerage account ap­plication were forged, their reliance on and receipt of benefits from their con­tract for the account estops them from repudiating the contract’s arbitration clause, which is enforceable despite vio­lation of FINRA ...

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Constructive Trust Imposed on Attorney-in-Fact (access required)

An Alexandria U.S. District Court imposes a constructive trust against a woman’s niece and former attor­ney-in-fact who allegedly used $573,729 of the woman’s personal funds to pay for home improvements and personal ex­penses; plaintiffs, the woman’s current attorneys-in- fact, have ...

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Parties Waived Nonsolicitation Clause (access required)

In plaintiff Computer Sciences Corpo­ration’s suit alleging its former execu­tive defrauded it in reference to a prohi­bition on associating with a competitor, Cognizant Technology Solutions, with whom he already was discussing a new job, an Alexandria U.S. District Court says ...

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City Social Media Policy Violated First Amendment (access required)

Reversing a district court, the 4th Cir­cuit says a city violated a police officer’s First Amendment rights when it disci­plined him under a social media policy prohibiting “Negative Comments” for Facebook comments about the dangers of premature promotion of inexperi­enced ...

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Court Upholds SEC Administrative Enforcement (access required)

A district court did not err in dismiss­ing on jurisdictional grounds plaintiff financial services firm’s challenge to the constitutionality of an administrative enforcement proceeding the Securities and Exchange Commission brought against her; the 4th Circuit joins the 2nd, 7th, 11th ...

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