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Recent Articles from Deborah Elkins
Employer hit with FMLA damages for ‘bad faith’
An employer who miscalculated an executive’s FMLA leave time wound up owing nearly $750,000 in damages to the executive, who was summarily fired when she did not return on the […]
No More Pretrial Seizure of ‘Innocent’ Assets
The en banc 4th Circuit overrules its prior precedent permitting pretrial restraint of a defendant’s innocent property under the federal criminal forfeiture statute, and joins other federal courts of appeal […]
Grand Jury Queries Defense Team on Phony Document
A grand jury investigating defendant’s provision of a fraudulent document may not ask a criminal defense team “what did the witness tell you,” as the government did not show that […]
No Resentencing Based on USSG Residual Clause
A drug defendant sentenced as a career offender under the federal sentencing guidelines cannot show his motion for resentencing under Johnson v. U.S. is timely, as the Supreme Court has […]
Sub Wins $6M in Army Shelter Contract Dispute
In this government procurement case arising out of a subcontract for defendant to provide materials for onsite assembly of “Kuwait Energy Efficient Project” shelters under plaintiff’s prime contract with the […]
Contractor Can’t Challenge Space Program
An Alexandria U.S. District Court dismisses plaintiff contractor’s suit seeking to enjoin the Defense Advanced Research Projects Agency’s program for Robotic Servicing of Geosynchronous Satellites Program, which plaintiff says violates […]
Disbarred Lawyer Can’t Sue for Legal Services
A former lawyer who was disbarred after a felony conviction cannot recover from a church and two of its members for legal services he purportedly provided on a building contract […]
Pro Se Plaintiff Hit with Discovery Cost
In an African-American female’s suit alleging race and age discrimination by defendant IKEA US East LLC, an Alexandria U.S. District Court Magistrate Judge orders the pro se plaintiff to pay […]
No FDCPA Claim for Medical Bill Collector
In plaintiff’s suit against a collection agency trying to collect her unpaid medical bill of $143.80, plaintiff alleges no falsehood, misrepresentation, unfairness or unconscionable means covered by the Fair Debt […]
County Pays Extra for FMLA ‘Bad Faith’ Violation
A county employee who needed one more day of FMLA leave after a shoulder injury, and who acted within the county’s deadline for notification of that need for additional leave, […]
Age Bias Plaintiff Pays $30K Defense Fees
A Norfolk U.S. District Court orders a 59-year-old optician to pay defendants $30,000 in attorney’s fees after the court dismissed plaintiff’s suit alleging age bias led his former colleagues not […]
School Poster Race Bias Claim Advances
An Alexandria U.S. District Court says an African-American male school custodian can sue the school system for retaliatory discharge based on a claim that he was fired two months after […]
Verdicts & Settlements
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice – Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
Opinion Digests
- Arbitration – Court decides whether nonparty to arbitration agreement can enforce it
- Constitutional – Circuit court applied wrong standard in church dispute
- Civil Procedure – Medical malpractice statute of limitations doesn’t apply to claims against hospital
- Bankruptcy – Creditor can’t examine debtor under Bankruptcy Code § 707(b)(1)
- Administrative – Court construes Native American Graves Protection and Repatriation Act
- Taxation – County’s tax assessment was ‘plainly wrong’
- Negligence – Release doesn’t bar rider’s negligence claim against horse owner
- Bankruptcy – Motion to reinstate Chapter 7 petition previously dismissed by court is denied
- Wills and trusts – Court applied incorrect statute of limitations to breach of trust claims
- Administrative – Doctor’s attacks on license suspension order fails
- Habeas Corpus – Petition attacking military court martial is dismissed
- Parent and Child – Stepmother awarded custody of stepchildren over father’s objection
