Quantcast
Home (page 970)

Author Archives: Deborah Elkins

Criminal – Habeas – Ineffective Assistance – Competency (access required)

Although this habeas petitioner contends his lawyer should have requested a psychiatric examination because petitioner “constantly blabbered that he was a police officer” and his family thought he was acting strange, he has not presented any facts or evidence to ...

Read More »

Real Estate – Unlawful Detainer Appeal – Quiet Title Action (access required)

In defendants’ appeal of a bank’s successful unlawful detainer action in general district court, a Fairfax Circuit Court says defendants may introduce evidence of title only as it relates to who has the superior right of possession, but it cannot ...

Read More »

Civil Procedure – Appeal Bond – Unlawful Detainer (access required)

Although a general district court order in this unlawful detainer appeal says no appeal bond was required “per Judge,” the Roanoke County Circuit Court says absent an appeal bond, it has no jurisdiction, and the appeal is dismissed. The Roanoke ...

Read More »

Creditor’s Rights – Fair Debt Act – Foreclosure – Securitized Mortgages (access required)

An Alexandria U.S. District Court dismisses plaintiffs’ claim alleging violations of the Fair Debt Collection Practices Act and other state law claims against defendant creditor, the substitute trustee and the mortgage servicer, in an effort to challenge defendants’ authority to ...

Read More »

Civil Procedure – Venue – Forum Selection Clause – Unconscionability (access required)

A snack-food distributor cannot avoid his distributorship agreement’s forum selection clause by arguing it is an unconscionable contract of adhesion, and a Richmond U.S. District Court grants defendant snack-food company’s motion to transfer venue to the Middle District of Pennsylvania. ...

Read More »

Contract – Mediation – License Agreement – Tattoo Art (access required)

A tattoo art company’s license and copyright suit against a former licensee is dismissed by a Norfolk U.S. District Court because the plaintiff, a creator of tattoo flash designs, did not request mediation, a condition precedent under the license agreement, ...

Read More »

Tort – Emotional Distress – Punitive Damages – High School Coach (access required)

A Norfolk Circuit Court sustains defendant school’s demurrer to a claim for intentional infliction of emotional distress alleging damages from defendant school’s employment of an assistant girls’ basketball coach who allegedly engaged in a sexual relationship with an underage student, ...

Read More »

Criminal – Credit Card Fraud – Contractor’s Business – Home Depot Charges (access required)

Although a contractor twice authorized defendant, his employee, to use his business credit card to make specific purchases, the contractor identified numerous other personal purchases made by defendant with the card, totaling $5,600, on other occasions captured on Home Depot’s ...

Read More »