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Tag Archives: Civil Procedure

No Venue Change for Subcontractor’s Fraud Claim (access required)

In this suit by a subcontractor hired by defendant demolition company to remove epoxy coating from a concrete floor at Camp Peary, Va., the Norfolk Circuit Court says venue is permissible in Norfolk as to plaintiff’s fraud claim and defendant’s ...

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FELA Lung Cancer Case Stays in Norfolk (access required)

In a retired railroad engineer’s FELA suit alleging he developed lung cancer from asbestos and/or diesel exhaust exposure, a Norfolk Circuit Court rejects defendant railroads’ request to dismiss the case because Ohio or Pennsylvania courts would be a more convenient ...

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Defense Audit Agency Must Produce Docs (access required)

A Roanoke U.S. District Court denies defendant contractor’s motion to quash plaintiff subcontractor’s subpoena duces tecum issued to the Defense Contract Audit Agency seeking documents related to the sub’s suit alleging unpaid invoices for services related to mine clearing at ...

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Discovery Ordered in Coal Commission Case (access required)

In discovery rulings in plaintiff’s suit for an $8.6 million commission for services as a “coal consultant” in connection with defendant’s acquisition of Trinity Coal Company, a Big Stone Gap U.S. District Magistrate Judge says plaintiff is entitled to depose ...

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Transfer Denied in Engineering Malpractice Suit (access required)

A Big Stone Gap U.S. District Court denies a motion to transfer to another district plaintiff mining company’s malpractice suit against an engineering mining company hired to prepare an amendment to a mining permit. Plaintiff Kentucky Fuel Corporation alleges it ...

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Service of Process Needed Before Remand (access required)

In plaintiff’s suit against multiple defendants, including Suntrust Bank, over an Employee Stock Ownership Plan, the Richmond U.S. District Court orders plaintiff to effect service of process on non-diverse defendants, prior to entertaining defendant’s motion to remand the suit to ...

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