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Author Archives: Deborah Elkins

Tort – Defamation – Website – City Councilman (access required)

A Norfolk Circuit Court sua sponte vacates its order, entered one day earlier, prohibiting defendants “May4thCounts.com” and a “Disgruntled Citizen” from using the website, and ordering its removal from the Internet. According to the complaint, the website publishes “certain information ...

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Medical Malpractice – Failure To Diagnose – Continuous Treatment Rule (access required)

A Richmond Circuit Court defers ruling on defendant physician’s plea of the statute of limitations in plaintiff’s suit alleging failure to diagnose, pending production of additional medical evidence. Plaintiff alleges failure to diagnose his cancerous condition during treatment that took ...

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Criminal – Custodial Interrogation – Airport Customs (access required)

A defendant was not in custody for Fourth Amendment purposes because a reasonable person returning to the U.S. through customs would have perceived the restriction attendant to questioning by the federal officers to be unlike the restraint imposed by a ...

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Criminal – Jury Sentence – Teenage Defendant – Malicious Wounding (access required)

Although defendant was only 17 years old when convicted of aggravated malicious wounding, firearm use and participating in a street gang, the trial court did not err in allowing the jury to set defendant’s sentence at 53 years in the ...

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Consumer Protection – FDCPA – Arbitration Award – Jurisdictional Amount (access required)

A Harrisonburg U.S. District Court upholds an arbitration award in this case alleging violation of the Fair Debt Collection Practices Act and Virginia state law, awarding defendant loan company $2,560 in damages, $4,725 in attorney’s fees and $479 in costs; ...

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