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Tag Archives: Civil Procedure

‘Excusable Neglect’ Found for Filing Delay (access required)

A defendant’s one-day delay – due to the weather, a national holiday and forgetfulness – in filing reply briefs to accompany their motions to dismiss and/or transfer plaintiffs’ business tort suit is deemed “excusable neglect,” and the Richmond U.S. District ...

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Weak Virginia Sales Cited in Venue Transfer (access required)

In plaintiff Taiwanese corporation’s patent infringement suit against a defendant whose production activities occurred in Austin, Texas, the Richmond U.S. District Court grants defendant’s motion to transfer venue to the Northern District of California; defendant’s sales activity in Virginia has ...

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No Recusal for Judge’s Class Membership (access required)

In this ongoing litigation by SunTrust Mortgage against United Guaranty, a subsidiary of AIG International, for breach of a mortgage insurance contract, a Richmond U.S. District Court judge declines to recuse himself from hearing additional matters based on his participation ...

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Court Denies Bias Plaintiff’s Motion to Compel (access required)

An Abingdon U.S. District Court Magistrate Judge denies plaintiff’s motion to compel discovery responses for detailed information on 11 identified employees of defendant, and orders plaintiff to respond to defendant’s motion for summary judgment. Defendant contends the 11 individuals named ...

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Too Late for New RICO Plaintiffs, Court Says (access required)

A Lynchburg U.S. District Court denies plaintiff company’s motion to allow two individuals to intervene in plaintiff’s suit alleging defendant committed acts that violated the civil racketeering statute, 18 U.S.C. §§ 1962 and 1964; although intervention would be proper under ...

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Former Client Can’t Disqualify Law Firm (access required)

A Charlottesville U.S. District Court Magistrate Judge denies plaintiff’s motion for removal of defense counsel which seeks to disqualify the law firm of Williams Mullen from representing defendant U.S. Bank National Association on the basis of an alleged conflict because ...

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