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Tag Archives: Civil Procedure

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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Insured Contractor Is ‘Nominal Party’ for Removal (access required)

An insured roofing contractor who settled a suit for defective work for $1 million is a nominal party in a contribution suit between the contractor’s insurance carriers, and applying the nominal party exception to the rule requiring unanimous consent to ...

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Withdrawal Request Denied After Extra Motions (access required)

A Lynchburg U.S. District Court denies counsel’s “Emergency Motion to Withdraw as Attorney” for defendant, without prejudice; although failure to pay fees may provide good cause to move to withdraw, defense counsel continued to file motions after moving to withdraw. ...

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‘Common Interest’ Privilege Protects Docs (access required)

A Lynchburg U.S. District Court overrules plaintiff’s objections to the magistrate judge’s order requiring production of 30 documents withheld on the basis of the common interest privilege asserted by a non-party to this matter. Plaintiff asserts that non-party Crane & ...

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