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Author Archives: Deborah Elkins

Contract – Airport Project – Mechanical Subcontract – Payment Bond – Forum Selection (access required)

Where payment bonds on an airport project do not reference or incorporate the forum selection clause of the subcontract, but contain a broader forum selection clause than the subcontract, an Alexandria U.S. District Court says the surety must face suit ...

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Tattoo artist was ‘independent contractor’

Tattoos may have gone mainstream, but if you’ve seen “Miami Ink” or “LA Ink” on cable, you know that tattoo artists remain untamed. The Virginia Court of Appeals acknowledged as much today, when it said a tattoo artist was an ...

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Consumer Protection – TILA – Nonrefundable Fee – Document Contradiction (access required)

A homeowner facing foreclosure has alleged a TILA violation arising from the “clear contradiction” between the statement in the “Notice of Right to Cancel” that she can get her money back upon timely cancellation of the 2007 loan, and the ...

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Domestic Relations – Termination Of Parental Rights – Psychiatric Patient Parents (access required)

A mother who suffers from chronic mental illness and who has been hospitalized at mental institutions 14 times, including seven times since her child’s birth in 2007, loses her parental rights in this case from the Court of Appeals. Mother ...

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Traffic Offenses – Aggravated Involuntary Manslaughter – DUI – Rule 5A:18 (access required)

The Court of Appeals affirms an aggravated involuntary manslaughter conviction of a man who, with his female companion, was falling-down drunk when asked to leave a bar, and who followed her in her Hummer H3 in his Chevy Avalanche, colliding ...

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Criminal – Forgery – Uttering – Postal Service – Light-Duty Form (access required)

A U.S. Postal Service employee who admitted he lied about falsifying a form intended for his physician to complete to support his request for light-duty work properly was convicted of forgery and uttering, the Court of Appeals says. Defendant’s convictions ...

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Workers’ Comp – Appeals – Interlocutory Order (access required)

A commission decision to hold a workers’ comp claim “in pendency status until the claimant offers evidence of maximum medical improvement and a current rating” is an interlocutory order not presently appealable, and the Court of Appeals dismisses employer’s appeal ...

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