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Author Archives: Deborah Elkins

Employment Discrimination – Sex – Truck Driver – Physical Abilities Test (access required)

Saying a jury could find that gender discrimination “was afoot,” the 4th Circuit reverses a district court’s summary judgment for a trucking company sued under Title VII by a female truck driver who claims the company discriminated against her by ...

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Constitutional – First Amendment – Alcohol Ads – College Newspapers (access required)

A regulation of the Virginia Alcoholic Beverage Control Board that restricts alcohol ads in college newspapers is not facially unconstitutional, and the 4th Circuit reverses the district court’s contrary decision and remands the case for further proceedings. Both parties agree ...

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Search & Seizure – Search Warrant – State-Federal Drug Task Force – Rule 41 (access required)

A defendant challenges admission of heroin, a firearm and his inculpatory statements on the ground that a federally deputized city officer should not have searched under a state warrant without first trying to get a federal warrant, but the 4th ...

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Domestic Relations – Marital Home – Hybrid Property (access required)

Although husband, a “jack of all trades,” attempted improvements on the parties’ marital home, he was accident-prone and failed to complete many projects, and a Fauquier County Circuit Court factors this in with wife’s greater financial contributions, to award wife ...

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Contract – Guaranty – Magazine Advertising (access required)

A publishing company that provided magazine advertising to a business, “California Closets,” cannot collect on the contract from an hourly employee who signed a personal guaranty that was part of the advertising contract, as the publishing company has not shown ...

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Municipal – Procurement Act – Bid Protest – No Contract Award (access required)

An excavation company cannot use either the Virginia Public Procurement Act or defendant city’s own purchasing manual to establish the court’s jurisdiction for its challenge to the city’s decision not to award a contract on a particular project, and the ...

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Administrative – Black Lung Benefits – Statutory Presumption – Lawyer’s Hourly Rate (access required)

Medical tests raised the question of cancer as the diagnosis for a mass in a coal miner’s lungs, but additional tests also showed pneumoconiosis, and the 4th Circuit affirms the ALJ’s decision to award federal black lung benefits to the ...

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Criminal – Drug Conspiracy – Money Laundering Conspiracy (access required)

Given the overlap between charges of drug conspiracy and money laundering conspiracy for one defendant in this multi-defendant prosecution of a Tidewater drug ring, virtually all the evidence supporting the drug conspiracy count was potentially probative of the money laundering ...

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