Civil Procedure | Virginia Lawyers Weekly

Complaint Without Signature Dismissed

By Deborah Elkins
Published: May 8, 2012
Tags: Civil Procedure, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

A Title VII hostile environment complaint is dismissed with prejudice because it does not carry the signature of a Virginia-licensed lawyer; the Alexandria U.S. District Court says the complaint is a nullity under Virginia law, even though it’s signed by a D.C. lawyer and carries the printed name of a Virginia lawyer who signed the [...]

No Witness Fees for Nonsuit at Trial

By Deborah Elkins
Published: May 8, 2012
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

Although Virginia law allows recovery of defense witness fees if a plaintiff takes a first nonsuit within seven days of trial, a Richmond Circuit Court says the statute, Va. Code § 8.01-380(C), does not allow recovery of witness fees for a nonsuit taken during trial.
Defendant objected to plaintiff’s motion to amend and argued that as [...]

Per Diem Fine Civil Contempt

By Deborah Elkins
Published: May 1, 2012
Tags: Civil Procedure, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms civil contempt sanctions for a defendant storing unregistered vehicles in violation of a county ordinance and three court orders over a three year period; all facts indicate the proceedings are civil in nature: the commonwealth is not a party and the $1,000 per diem fine is intended to coerce [...]

Suit Refiled Before Nonsuit Still Timely

By Deborah Elkins
Published: May 1, 2012
Tags: Civil Procedure, Justice Donald W. Lemons, Supreme Court of Virginia

Although no nonsuit order had been entered in plaintiffs’ first p.i. action for damages from an auto accident when plaintiffs filed their second action, the delay in entering the nonsuit order did not mean plaintiffs missed the deadline for refiling after a nonsuit, and the Supreme Court of Virginia reverses the trial court order dismissing [...]

Personal Jurisdiction from Company Purchase

By Deborah Elkins
Published: April 17, 2012
Tags: Civil Procedure, Judge John A. Gibney Jr., U.S. District Court - Eastern District

In this patent infringement case involving a dog breed test kit, a Richmond U.S. District Court says defendant’s purchase of the company that manufactured the kits, advertised them online and sold them in Virginia, confers personal jurisdiction on defendant company and the defendant identified as the “driving force” behind kit sales.
Federal circuit law governs whether [...]

Pro Se Gets Discovery Sanctions

By Deborah Elkins
Published: April 17, 2012
Tags: Civil Procedure, Judge Henry E. Hudson, U.S. District Court - Eastern District

A pro se plaintiff suing for employment discrimination under Title VII and the Americans with Disabilities Act, who has been repeatedly warned about noncompliance with court orders [VLW 012-3-029], faces “drastic sanctions” by the Richmond U.S. District Court, which grants defendant VCU’s request for attorney’s fees of $28,547.
Defendant’s fee request is narrowly cabined to tasks [...]

Judgment Entered Where Assets Found

By Deborah Elkins
Published: April 17, 2012
Tags: Civil Procedure, Judge Robert E. Payne, U.S. District Court - Eastern District

After plaintiff DuPont won an historic $919.9 million verdict, a Richmond U.S. District Court grants DuPont’s motion for leave to register the judgment pursuant to 28 U.S.C. § 1963.
The judgment in this case is not yet final by appeal or by expiration of the time for appeal. Thus, DuPont seeks an order from the court [...]

Stay Denied in Record IP Case

By Deborah Elkins
Published: April 17, 2012
Tags: Civil Procedure, Judge Robert E. Payne, U.S. District Court - Eastern District

After plaintiff DuPont won an historic $919.9 million verdict, a Richmond U.S. District Court denies Kolon’s motion to stay execution of final judgment under Fed. Rule Civ. Pro. 62.
Rule 62(d) provides that if an appeal is taken, the appellant may obtain a stay by supersedeas bond. The plain meaning of the language is unmistakable: A [...]

Filing Va. Lawsuit Leads to Personal Jurisdiction

By Deborah Elkins
Published: April 17, 2012
Tags: Civil Procedure, Judge James R. Spencer, U.S. District Court - Eastern District

In plaintiff George Mason University Foundation’s suit to enforce a $100,000 judgment it won in Virginia state court during litigation with decedent’s two children, the Richmond U.S. District Court has personal jurisdiction over both the Alabama resident son and the Maryland resident daughter, as their own Virginia state court action was not nonsuited, as they [...]

Counterclaim May Waive Removal Right

By Deborah Elkins
Published: April 17, 2012
Tags: Civil Procedure, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

Although defendant insurance carrier wins realignment of the parties to allow for removal of its dec action to federal court because now there is complete diversity of citizenship, the Norfolk U.S. District Court says the carrier must show cause why the court should not find the carrier waived its right to removal by filing a [...]

Virginia Lawyers Weekly