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Tag Archives: Civil Procedure

Standing – Injury in Fact – Civil Rights – ADA – Access Barriers (access required)

A wheelchair-bound plaintiff adequately alleged an injury-in-fact when he alleged that (1) in the past, he has stopped at the defendant-shopping center and encountered architectural barriers which placed him at risk of physical harm and denied him equal access to ...

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Doctrine of Judicial Estoppel – Affirmative Defense (access required)

Eilber v. Floor Care Specialists Inc. (VLW No. 017-6-097, 6pp.) (Mims, J.) Record No. 161311. Appealed from the Circuit Court of the City of Roanoke. Holding: Where the appellant-debtor filed suit for defamation against the appellees after his employment was ...

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Jurisdiction – Waiver of Sovereign Immunity – Court-Issued Process (access required)

McGhee v. Virginia Department of Motor Vehicles (VLW No. 017-8-109, 7pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17-5454. Holding: Where the plaintiff-uninsured filed a petition appealing a defendant-department of motor vehicle (DMV) hearing officer’s decision and requested formal service on ...

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Fair Credit Reporting Act – Standing – Summary Judgment (access required)

Phillips v. Trans Union LLC (VLW No. 017-3-477, 15 pp.) (Moon, J.) 3:16-cv-00088; W.D. Va. Holding:  Where plaintiff debtor sued defendant loan servicer for providing inaccurate information to a credit reporting agency, in violation of the Fair Credit Reporting Act, ...

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Subject Matter Jurisdiction – Federal Question – Choice of Law – Contracts – Federal Land (access required)

Jaaat Technical Services LLC v. Tetra Tech Tesoro, Inc. (VLW No. 017-3-452, 22 pp.)(Lauck, J.) 3:15-cv-235; E.D.Va. Holding:  Because the parties’ choice-of-law clause, which provides that Virginia law applies to any contract disputes, is enforceable, Virginia law applies. As a ...

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Preliminary Injunction – Employees – Trade Secrets – Confidentiality (access required)

Integrated Global Services Inc. v. Mayo (VLW No. 017-3-468, 18 pp.) (Lauck, J.) 3:17-cv-563; E.D. Va. Holding: Where an employee executed a confidentiality agreement with his employer governing the use, non-disclosure and return of company information and property but, upon ...

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Dismissal Based on Sovereign Immunity – Third-Party Claim Not Derivative (access required)

Glover v. Hryniewich and the City of Norfolk, Virginia v. Willard Marine, Inc. and SAFE Boats International, LLC (VLW No. 017-8-090, 7 pp.) (Lannetti, J.) CL16-3262-00/01/02/03 Holding: Where the complaint against defendant and third-party plaintiff-city was dismissed based on immunity ...

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