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Author Archives: Deborah Elkins

Civil Procedure – Jurisdiction – Venue Transfer (access required)

An Alexandria U.S. District Court grants defendant Republic of Iraq’s motion to transfer venue to the U.S. District Court for the District of Columbia in this suit alleging breach of a broker services agreement between defendant and plaintiff Wye Oak ...

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Criminal – Sentencing – Mortgage Fraud – Loss Calculation (access required)

In sentencing defendant for conspiracy to defraud lenders into issuing mortgage loans to unqualified borrowers who defaulted on the loans, an Alexandria U.S. District Court, in this case of first impression, calculates the loss for purposes of USSG § 2B1.1 ...

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Employment – ERISA – Early Retirement Plan – Workers’ Comp Offset (access required)

Because a pension plan’s Summary Plan Description failed to comply with ERISA disclosure requirements by informing a candidate for early retirement that her workers’ compensation award would be offset against her retirement benefits, a Charlottesville U.S. District Court grants plaintiff ...

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Employment Discrimination – Title VII – Hostile Environment – Isolated Comments (access required)

A Roanoke U.S. District Court grants defendant school board summary judgment in this Title VII suit filed by an African-American female employee who alleges a racially hostile environment from two allegedly racially derogatory comments – including a comment about plaintiff’s ...

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Criminal – Military Prisoner – Jurisdiction – Clemency Claim (access required)

A Roanoke U.S. District Court dismisses a military prisoner’s motion for post-conviction relief under 28 U.S.C. § 2241 from his life imprisonment after a general court-martial for conspiracy to commit murder and premeditated murder for the hanging death of a ...

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Criminal – Marijuana Manufacture – Cross-Exam – New Trial (access required)

An Abingdon U.S. District Court says it should not have limited cross-examination of a government agent who seized pot plants from defendant; defendant gets a new trial and a new chance to exclude evidence of the seized plants, destroyed by ...

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Employment Discrimination – Race – Employer – ‘Indirect Subsidiary’ (access required)

In this first-impression case, an Alexandria U.S. District Court says an African-American plaintiff can bring a Title VII race discrimination claim against the indirect subsidiary of an Alaska Native Corporation, which is an “employer” under 43 U.S.C. § 1626(g). In ...

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