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Author Archives: Deborah Elkins

Traffic Offenses – Driving On Suspended License – Prior Offenses (access required)

Contrary to defendant’s assertion on appeal, the trial court did sua sponte reopen evidence to review defendant’s DMV transcript, which proved his prior offenses, and the Court of Appeals affirms defendant’s conviction of driving on a suspended license, third or ...

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Criminal – Felon In Possession – Mandatory Sentence – Constitutional (access required)

The Court of Appeals rejects defendant’s contention that a statute that imposes a mandatory five-year sentence for weapons possession violates the Virginia Constitution’s doctrine of separation of powers. Challenging the constitutionality of the statute, defendant argues Code § 18.2-308.2 violates ...

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Traffic Offenses – Driving On Suspended License – Prior Offenses – Local Ordinance (access required)

A defendant’s prior convictions for driving on a suspended license under a local Danville ordinance substantially similar to Va. Code § 46.2-301 can count toward enhanced punishment under the statute for a third or similar offense, and the Court of ...

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Attorneys – Contingency Fee – P.I. Case – Lodestar Calculus (access required)

After an $18 million settlement of a personal injury claim by a man left completely disabled after he was struck by a drunken co-worker driving a company truck, the trial court erred when it reduced the one-third contingency fee from ...

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Civil Rights – Housing – Eviction – Race – Disability (access required)

An African-American woman who alleges race and disability discrimination arising from being served with an eviction notice after she complained about excessive noise from her upstairs neighbor, who was Caucasian, cannot sue defendant director of Rush Homes for discrimination, says ...

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Civil Procedure – Protective Order – FLSA Case (access required)

In this FLSA pay case, a Charlottesville U.S. District Court denies the parties’ joint motion for reconsideration of the court’s denial of a protective order to place a confidential settlement agreement and general release permanently under seal. The court, no ...

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Civil Procedure – Settlement Agreement – Judicial Review – Confidentiality Clause (access required)

A Charlottesville U.S. District Court denies a joint motion for approval of a settlement agreement in this FLSA pay case, under which defendant would pay plaintiff $50,000 and defendant would pay directly to plaintiff’s counsel attorney’s fees of $25,000, as ...

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Civil Rights – Schools – IDEA – Private Tuition Reimbursement (access required)

Contrary to the hearing officer’s determination, defendant school system failed to evaluate a disabled student for specific learning disability and failed to provide the student with a free and appropriate public education as required by the Individuals with Disabilities Education ...

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Employment Discrimination – Race – Attorney’s Fees (access required)

A Norfolk U.S. District Court denies an employer’s motion for attorney’s fees dating from July 22, 2009, the date on which defense counsel formally advised plaintiff’s counsel the case was without merit, in this Title VII race discrimination suit. Plaintiff, ...

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