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Tag Archives: Civil Procedure

Res Judicata Bars P.I. Suit Revival (access required)

Although plaintiff contends it inadvertently inserted the words “with prejudice” into a dismissal order submitted in its wrongful death action filed earlier in Newport News Circuit Court, granting that dismissal with prejudice bars plaintiff from converting this personal injury action ...

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Suit Stayed Under First-to-File Rule (access required)

Although plaintiff electrical company alleges defendant, hired to upgrade plaintiff’s accounting software, raced to the courthouse in Georgia to file suit after plaintiff wrote a letter threatening litigation over inadequate and malfunctioning software, the Lynchburg U.S. District Court says plaintiff ...

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Carrier Says Insured Dentist Breached Contract (access required)

A Norfolk U.S. District Court denies a dental malpractice plaintiff’s motion asking the court to dismiss plaintiff malpractice carrier’s breach of contract action against its insured dentist for failure to cooperate with her defense after she apparently abandoned her practice ...

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Travel Expenses Ordered for Rule 30 Deposition (access required)

In this action under the Fair Credit Reporting Act, a Newport News U.S. District Court says defendant HSBC must produce a corporate representative for a Rule 30(b)(6) deposition on all topics outlined in plaintiffs’ notice of deposition at the Washington, ...

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Lawyer’s ‘Inadvertence’ Is Excusable Neglect (access required)

Although defendant lender submitted an Answer to plaintiff homeowners’ fraud complaint four months after the deadline, due to counsel’s inadvertence, the Richmond U.S. District Court denies plaintiffs’ motion for entry of default and grants defendants leave to file the late ...

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