Civil Procedure « Virginia Lawyers Weekly

Service OK Despite ‘Technical’ Error

By Deborah Elkins
Published: January 25, 2012
Tags: Civil Procedure, Judge Dennis Dohnal, U.S. District Court - Eastern District

Although the address used for service of process on defendant in this auto-accident case was for “Blue Sky Road, instead of Blue Sky Drive, the mere technical error had no impact on effective service of process, with the result that defendant’s removal to federal court was untimely; a Richmond U.S. District Court grants plaintiff’s motion [...]

Lawyer, Client Sanctions Upheld

By Deborah Elkins
Published: January 18, 2012
Tags: Civil Procedure, Justice Donald W. Lemons, Supreme Court of Virginia

In this case of a falling-out between a real estate agent and defendant clients and the agent they later hired to sell a property belonging to a living trust, the first agent, a realty company and their lawyer, all were properly sanctioned under Va. Code § 8.01-271.1 for pursuing three versions of a complaint alleging [...]

No Privity for Title Search Claim

By Deborah Elkins
Published: January 10, 2012
Tags: Civil Procedure, Judge Dennis Dohnal, Judge Robert E. Payne, U.S. District Court - Eastern District

A Richmond U.S. District Court accepts a magistrate judge’s recommendation to deny remand of this suit for contract damages for an alleged defective title search, as plaintiff has not demonstrated the suit is for less than the jurisdictional threshold of $75,000, and the court grants defendant’s converted motion for summary judgment.
This matter arises from a [...]

Foreign Judgment Enforceable in Va. Court

By Deborah Elkins
Published: January 10, 2012
Tags: Civil Procedure, Judge James R. Spencer, U.S. District Court - Eastern District

A Richmond U.S. District Court says a British developer of computer and video games may enforce a judgment from a United Kingdom court finding a breach of a settlement agreement by defendant Virginia company that agreed to distribute the British company’s video game and then failed to pay plaintiff company.
Plaintiff Codemasters Group Holdings Ltd. states [...]

Plaintiff’s Forum Choice Tips Balance

By Deborah Elkins
Published: January 10, 2012
Tags: Civil Procedure, Judge Michael F. Urbanski, U.S. District Court - Western District

In this breach of contract action by plaintiff Rockingham Precast alleging defendant American Infrastructure-Maryland Inc. failed to pay for the materials that Rockingham supplied – materials that were fabricated in Virginia – a Harrisonburg U.S. District Court says defendant AI has not met its burden to prove venue should be transferred to Maryland; plaintiff’s choice [...]

Jurisdictional Amount Pegged to Whole Parcel

By Deborah Elkins
Published: January 10, 2012
Tags: Civil Procedure, Judge Norman K. Moon, U.S. District Court - Western District

An asset management company’s suit for a declaratory judgment that defendant Trump Virginia Acquisitions LLC does not have a right of first refusal to buy certain property can be heard by the Charlottesville U.S. District Court because the amount in controversy is the value of the whole of the real estate to which the claim [...]

Diverse Citizenship Claim is ‘Conclusory’

By Deborah Elkins
Published: January 10, 2012
Tags: Civil Procedure, Judge Pamela Meade Sargent, U.S. District Court - Western District

A magistrate judge for the Abingdon U.S. District Court recommends remand to state court of this suit by plaintiff descendants and heirs of Richard Deakins, who claim they own the coal and coalbed methane rights to certain parcels totaling 392 acres in Buchanan County; defendants’ assertion that the 75 plaintiffs are citizens of states other [...]

Res Judicata Bars Suit for USS Cole Survivors

By Deborah Elkins
Published: December 13, 2011
Tags: Civil Procedure, Judge Robert G. Doumar, U.S. District Court - Eastern District

In this lawsuit arising from the 2000 terrorist bombing of the American navy vessel U.S.S. Cole, the Norfolk U.S. District Court says the doctrine of res judicata bars this suit as to 59 plaintiffs who earlier sued the Republic of Sudan and collected nearly $8 million in damages, and the court denies the motion for [...]

Court Lacks Jurisdiction in Agricultural Regulation Case

By Deborah Elkins
Published: December 1, 2011
Tags: Civil Procedure, Judge Robert J. Humphreys, Virginia Court of Appeals

An appellant seeking to challenge a state agricultural regulation loses his appeal, as the Court of Appeals affirms the decision of the circuit court that it did not have jurisdiction to consider this appeal due to the untimely notice of appeal.
The U.S. Department of Agriculture sought to eradicate Scrapie, a debilitating disease of sheep and [...]

Default Set Aside for Pro Se’s Letter

By Deborah Elkins
Published: November 30, 2011
Tags: Civil Procedure, Judge Raymond A. Jackson, U.S. District Court - Eastern District

The Norfolk U.S. District Court grants plaintiff life insurance company motion for interpleader and orders the carrier to deposit the proceeds of Arthur C. Jones’ life insurance policy of $100,000; the court will treat a letter from decedent’s daughter as an informal pro se pleading and set aside the default judgment entered against her.
A life [...]

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