‘Course of Dealing’ Means Jurisdiction Over Georgia Company

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 [...]

One Signature OK to Remove Case to Federal Court

By Deborah Elkins
Published: April 22, 2013
Tags: 4th U.S. Circuit Court of Appeals, Civil Procedure, Judge Paul V. Niemeyer

Defendant school board’s removal to federal court of a complaint by temporary employees alleging the board and union violated a labor contract by hiring temps for permanent jobs, need not be remanded to state court; the 4th Circuit says a defendant does not need signatures by all lawyers for defendants, but may remove the case [...]

Venue Transfer in Richmond P.l. Case

By Deborah Elkins
Published: April 16, 2013
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

In this auto-accident personal injury suit, although defendant lawyer serving as administrator of a deceased driver’s estate has an office in the city of Richmond, venue is not proper in Richmond, and the Richmond Circuit Court orders the suit to be transferred either to Powhatan County, where the accident occurred, or to Chesterfield County, where [...]

Profit Disgorgement Expert May Testify

By Sarah Rodriguez
Published: April 10, 2013
Tags: Civil Procedure, Judge Robert E. Payne, U.S. District Court - Eastern District

In ePlus’ suit against Lawson Software Inc. alleging its illegal sale of certain product configurations within the U.S., the Richmond U.S. District Court denies defendant Lawson’s motion to strike testimony by plaintiff’s expert about disgorgement of profits. On Jan. 27, 2011, a jury returned a verdict of infringement in favor of ePlus Inc. and against [...]

Former In-House May Have Bowman Comp Claim

By Deborah Elkins
Published: April 10, 2013
Tags: Civil Procedure, Judge M. Hannah Lauck, U.S. District Court - Eastern District

Although defendant employer says its former chief legal counsel’s Bowman claim based on successive salary reductions and failure to pay a severance package is barred because executives are not protected by the Virginia Wage and Payment Act, a Richmond U.S. District Court Magistrate Judge says plaintiff may file an amended complaint, as the court cannot [...]

Amending Complaint Doesn’t Prompt Remand

By Deborah Elkins
Published: April 10, 2013
Tags: Civil Procedure, Judge Robert G. Doumar, U.S. District Court - Eastern District

Although plaintiff amended his claim of wrongful discharge from his shop steward position after removal to federal court, removing references to collective bargaining agreements in a “transparent attempt” to avoid federal jurisdiction, the Norfolk U.S. District Court says the gravamen of the complaint remains the same and the court denies plaintiff’s motion to remand to [...]

Virginia Dating-Site Subscribers Yield ‘Sufficient Contacts’

By Deborah Elkins
Published: April 10, 2013
Tags: Civil Procedure, Judge Anthony J. Trenga, U.S. District Court - Eastern District

In this copyright infringement suit filed by the dating website, MATCH.COM, an Alexandria U.S. District Court has personal jurisdiction over the owner of XXXMATCH.COM and EROTICMATCH.COM, which has nearly 9,000 subscribers in Virginia and generates $1 million per year. Defendants’ domain names lead users to the same website. The users pay a monthly fee, complete [...]

HOA Has no Standing to Sue Video Provider

By Deborah Elkins
Published: April 10, 2013
Tags: 4th U.S. Circuit Court of Appeals, Civil Procedure, Judge Diana Gribbon Motz

A homeowners’ association did not adequately allege standing to sue a wire-based video services provider on a claim that its contract making it the sole provider to the subdivision violates the FCC Exclusivity Order, but the 4th Circuit says the complaint should have been dismissed without prejudice to allow the HOA to replead. The Federal [...]

‘Profitability’ Defense Experts Excluded

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

Prior to trial of claims by an owner of copyrighted t-shirt designs for infringement, a Charlottesville U.S. District Court grants plaintiff owner’s motion to exclude defendants’ expert report and expert testimony and motion in limine to preclude defendants from presenting evidence on profitability. Defendants designated Andrea Burke, its controller, as their corporate designee under Fed. [...]