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Tag Archives: Civil Procedure

Inadequate Responses Prompt Discovery Sanctions (access required)

In responding to discovery requests, a party cannot simply assert that a “document speaks for itself as the best evidence of its contents,” and the Harrisonburg U.S. District Court deems “admitted” certain requests for admission and will award reasonable attorney’s ...

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Owners’ Pipeline Suit Remanded to State Court (access required)

Plaintiff pipeline company’s references to federal regulations in their complaint alleging defendant landowners violated plaintiff’s rights under an easement and Virginia state laws, do not show a basis for federal jurisdiction, and the Norfolk U.S. District Court remands plaintiff’s suit ...

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Consent Cannot Support Removal Action (access required)

Defendants’ assertion that, despite no proper diversity or federal question jurisdiction, their counterclaim against plaintiff provides a basis for federal court jurisdiction does not persuade the Roanoke U.S. District Court, and the case is remanded to Virginia state court. Defendants ...

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Court Dismisses Minors’ Claims Signed by Parents (access required)

In plaintiffs’ pro se trespass and nuisance suit against their neighbors, the Fairfax Circuit Court grants defendants’ motion to dismiss claims of the minor children, as the parents’ signatures on the complaint do not comply with Virginia pleading requirements. Plaintiffs ...

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Boilermaker Had Colorable Contractor Immunity Defense (access required)

A boiler manufacturer’s claim that it had government-contractor immunity from a lawsuit filed by the family of a shipyard worker who died of mesothelioma sufficiently alleges a colorable federal defense; the 4th Circuit vacates the district court order remanding the ...

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No Jurisdiction from Social Media Posts (access required)

In this case arising out of purported internet communications and third-party conversations by defendants between over an 11-month period that allegedly defamed plaintiff, the Richmond U.S. District Court says it can only exercise personal jurisdiction over defendants concerning plaintiff’s claim ...

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No Jurisdiction from Virginians’ Credit Reports (access required)

A Richmond U.S. District Court dismisses plaintiffs’ two class claims under the Fair Credit Reporting Act alleging defendant “sham business” obtained millions of computer reports on plaintiff consumers, without their permission, to target them for high-interest loans; plaintiffs have standing ...

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