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Author Archives: Deborah Elkins

Criminal – Sentencing – ACCA – State Conviction Vacatur (access required)

A district court erred in granting post-conviction relief from a weapons-possession sentence enhanced under the Armed Career Criminal Act, based on the state court’s vacatur of two of the five state court convictions used for the enhancement; because defendant could ...

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Employment – Private Security Company – Baghdad Security Officer – Whistleblower Claim (access required)

An Alexandria U.S. District Court says an employee fired by a Herndon company that provides contract security to U.S. diplomats in Baghdad cannot sue the company for a variety of tort and whistleblower claims arising from his discharge for violations ...

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Real Estate – Foreclosure Challenge – Standing (access required)

Although plaintiff contends defendants improperly instituted a non-judicial foreclosure proceeding on her home, an Alexandria U.S. District Court dismisses her complaint with prejudice. Two cases with near identical facts were brought in this district and dismissed on similar grounds, Merino ...

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Insurance – Policy Coverage – CGL – Duty To Defend – Asbestos Cases (access required)

In this litigation involving apportionment of Travelers’ duty to defend Alfa Laval under a CGL policy against 1,200 lawsuits relating to asbestos injury, in proportion to the duty to defend of at least six other insurance companies, a Richmond U.S. ...

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Civil Procedure – Necessary Parties – Loan Fraud (access required)

Plaintiffs, two non-English speaking foreign-born U.S. residents who allege defendants, without their consent, submitted false loan applications to refinance property that doubled one plaintiff’s actual income, leading to their default on the loans and foreclosure on their property, have their ...

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Insurance – Policy Coverage – Homeowners – Chinese Drywall – Exclusions (access required)

A homeowner suffered a “direct physical loss” from the use of defective Chinese drywall in the construction of his home, but he has no coverage for the loss under his homeowner’s policy, says a Norfolk U.S. District Court, as four ...

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