One Signature OK to Remove Case to Federal Court

No Jurisdiction from Kickstarter Donors

By Deborah Elkins
Published: May 3, 2013
Tags: Civil Procedure, Judge Norman K. Moon, U.S. District Court - Western District

Although defendant JoeyBra LLC received three donations from Virginia donors on Kickstarter .com, and shipped its pocketed-bra product to Virginia donors, the Charlottesville U.S. District Court nevertheless does not have personal jurisdiction over the two individual defendants in this patent infringement suit, and the court dismisses the two defendants. Plaintiff filed this patent infringement case [...]

Winning Party’s ESI Cost Recovery Limited

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Civil Procedure, Judge Andre M. Davis

In a wine wholesaler’s unfair practices lawsuit against Gallo Winery, the 4th Circuit clarifies which ESI expenses are taxable under the federal taxation-of-costs statute, and upholds a district court decision refusing to award costs for a broad array of ESI-related costs and awarding the winning winery only $218.59 for TIFF and PDF production of documents, [...]

Corporate client privilege covers ex-director’s emails

By Deborah Elkins
Published: April 29, 2013
Tags: Civil Procedure, Judge Tommy E. Miller, U.S. District Court - Eastern District

A company suing to protect its patents can “claw back” emails its lawyer shared with a former board member, a Norfolk U.S. District Court said earlier this month. In a twist on the traditional test for attorney-client privilege in the corporate context, U.S. Magistrate Judge Tommy E. Miller said the privilege covered communications from the [...]

No Interlocutory Appeal of Waiver Issue

By Deborah Elkins
Published: April 24, 2013
Tags: Civil Procedure, Judge Norman K. Moon, U.S. District Court - Western District

In this suit for breach of a lease agreement, a Lynchburg U.S. District Court denies defendant health care company’s motion for certification of an interlocutory appeal of the following issue: “whether a defendant filing a motion to transfer or stay waives any and all rights to object to personal jurisdiction.” I find the issue defendant [...]

No Sanctions Against Corporate Debtor

By Deborah Elkins
Published: April 24, 2013
Tags: Civil Procedure, Judge Robert S. Ballou, U.S. District Court - Western District

A Danville U.S. District Court Magistrate Judge denies plaintiff’s motion for sanctions against defendant for its responses to plaintiff’s debtor’s interrogatories proffered in an attempt to collect a judgment; plaintiff has not complied with Virginia procedure for execution of a judgment and the court declines to impose sanctions against defendant’s corporate officers, its counsel, or [...]

Company May Claw Back Emails in Patent Case

By Sarah Rodriguez
Published: April 24, 2013
Tags: Civil Procedure, Judge Tommy E. Miller, U.S. District Court - Eastern District

In this discovery dispute in patent litigation involving software used to facilitate distance learning, a Norfolk U.S. District Court Magistrate Judge says plaintiff company did not waive attorney-client privilege when it shared certain email communications with a former board member who was the “functional equivalent” of a current board member, and plaintiff may claw back [...]

Disbarred Lawyer May Face Pre-Filing Injunction

By Deborah Elkins
Published: April 24, 2013
Tags: Civil Procedure, Judge John A. Gibney Jr., U.S. District Court - Eastern District

A former lawyer who lost his Virginia bar license in 2006 is ordered by the Richmond U.S. District Court to show cause why he should not be enjoined from filing, without permission of the court, any lawsuit alleging an injury from the Virginia State Bar’s revocation of his license to practice law. In the six [...]

Tort Claims Not Barred by Prior Contract Action

By Deborah Elkins
Published: April 23, 2013
Tags: Civil Procedure, Justice Donald W. Lemons, Supreme Court of Virginia

In this long-running dispute between two coal companies, the trial court erred in applying the doctrine of res judicata to hold that an earlier contract action bars plaintiff’s later suit alleging tortious interference; applying the law of res judicata in effect in 1998, Supreme Court of Virginia reverses dismissal of the lawsuit. Over the last [...]

Res Judicata Bars One Claim

By Deborah Elkins
Published: April 22, 2013
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court sustains a plea of res judicata as the identity of the parties requirement is met with respect to a fee dispute submitted to the court for decision in February 2010. However, the court overrules the plea as to two other counts that suggest a malpractice claim with respect to defendants in [...]