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Author Archives: Deborah Elkins

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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Intellectual Property – Patent Infringement – Air Cushion Products (access required)

In this patent infringement case involving direct competitors in the business of making and selling air cushion products and apparatus, an Alexandria U.S. District Court grants defendant Free-Flow Packaging International’s motion for summary judgment as to the FPI-Pactiv agreement because ...

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Civil Rights – Prisoner Medical Treatment – Deliberate Indifference (access required)

A jail inmate who was diagnosed with a mass in his chest prior to his incarceration, and who repeatedly complained about breathing difficulty, loss of consciousness and other symptoms during his incarceration, may pursue claims for deliberate indifference to his ...

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Employment Discrimination – Disability – Patent Examiner – Job Performance (access required)

A former patent examiner who alleges disability from his diagnosis of coronary artery disease-unstable angina, cannot sue the U.S. Patent & Trademark Office for disability discrimination for its alleged failure to accommodate plaintiff by allowing him a flexible work schedule ...

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