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Tag Archives: Civil Procedure

Court Orders Dismissal with Prejudice (access required)

In plaintiff’s patent infringement suit against H&M for allegedly selling underwire brassieres that infringed on plaintiff’s patent, the Norfolk U.S. District Court grants plaintiff’s motion to voluntarily dismiss with prejudice. Because dismissal with or without prejudice is a question of ...

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Wrongful Discharge Claim Goes to State Court (access required)

Although plaintiff amended her employment discrimination complaint to omit a state-law wrongful discharge claim but keep a sexual harassment claim, and then filed her state-law wrongful discharge claim in state court, the employer can’t win dismissal of both claims from ...

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No New Discovery in Coalbed Methane Case (access required)

In plaintiffs’ long-running suit seeking royalties from defendant coalbed methane producers, remanded by the 4th Circuit for redetermination of class certification, the Abingdon U.S. District Court denies plaintiffs’ requests for additional discovery; plaintiffs’ request discovery that would be cumulative of ...

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No Late Filing for Responsive Pleading (access required)

A counterclaim defendant in this suit against Western Virginia Water Authority missed the deadline for filing a responsive pleading, and the Roanoke City Circuit Court enters default judgment against the counterclaim defendant. Plaintiff Elm View LLC initiated this suit against ...

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Spoliation Sanctions Urged in Chair Defect Case (access required)

Starbucks, which claims plaintiff distributor sold it defective “Carlo” design chairs for its California stores, was on notice to preserve allegedly defective chairs in October 2013, after customer complaints of chair failures prompted Starbucks to remove the chairs, and the ...

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