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Tag Archives: Civil Procedure

‘Same Transaction’ Test Saves Refiled Suit (access required)

A plaintiff who nonsuited her dental malpractice suit alleging nerve damage from a negligent root canal, but refiled her complaint with additional allegations, survives defendant’s plea in bar with the Alexandria Circuit Court’s application of the “same transaction or occurrence” ...

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Foreclosure Set-Aside Suit Sent Back to State Court (access required)

In plaintiffs’ suit seeking rescission of a foreclosure sale, defendants timely removed the action after a Virginia state court issued a letter opinion dismissing claims against the non-diverse defendants, but the “voluntary-involuntary rule” bars removal, and the Richmond U.S. District ...

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Choice-of-Law Clause Covers Contract & Tort (access required)

In plaintiff medical diagnostics company’s suit against a Virginia company that manages intellectual property and monitors and renews clients’ patents registered in foreign countries, the Alexandria U.S. District Court says the parties’ choice-of law provision applies Virginia law to plaintiff’s ...

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