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Tag Archives: Civil Procedure

FDCPA Suit Stays in Federal Court (access required)

A Charlottesville U.S. District Court denies plaintiff’s motion to amend her complaint alleging violations of federal and state law arising from defendant mortgage company’s 130 debt-collection calls that disrupted her home-based business and included harassment by defendant’s agent, but the ...

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RICO Claim Advances Without Contract Claim (access required)

Although plaintiff’s RICO claim against defendant John Wynne involving sale of a riding center will go forward, the Lynchburg U.S. District Court denies plaintiff’s motion to reinstate a state law contract claim against additional defendants. Here, I note that when ...

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No Remand for Consolidated Dec Actions (access required)

A Roanoke U.S. District Court grants defendant insurance carrier’s motion to consolidate these two declaratory judgment actions, and realigns the defendants in the underlying tort suit as coplaintiffs in the declaratory judgment action. Plaintiffs brought separate actions against Western Heritage ...

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Dismissal Sanction Upheld for Discovery Abuse (access required)

A trial court did not abuse its discretion in dismissing a government subcontractor’s suit against the general contractor for alleged unpaid invoices for operations support to develop an Iraqi civilian police force; in light of the subcontractor’s repeated discovery abuses, ...

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Sanctions Ordered for Interrogatory Response (access required)

An Alexandria U.S. District Court Magistrate Judge sanctions plaintiff company for failure to comply with court orders to provide a full and complete response to defendant’s interrogatory by ordering certain facts be taken as established in this contract dispute. The ...

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Sanctions for ‘Business Decision’ Not to Produce Witness (access required)

Plaintiff company’s “business decision” not to bring an employee back from the Ukraine for a deposition after multiple court orders requiring production of the witness, who served as “Chief of Party” under the contract at issue, prompts an Alexandria U.S. ...

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