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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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