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Tag Archives: Civil Procedure

Amending Complaint Doesn’t Prompt Remand (access required)

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 ...

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Virginia Dating-Site Subscribers Yield ‘Sufficient Contacts’ (access required)

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’ ...

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‘Profitability’ Defense Experts Excluded (access required)

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 ...

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‘Course of Dealing’ Means Jurisdiction Over Georgia Company (access required)

A Georgia manufacturer of hotel carpets that had a history of regular dealing with plaintiff yarn seller, and who sent purchase order to the Virginia plaintiff and accepted a sample plaintiff provided, has sufficient contacts with Virginia to be required ...

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Appeals court allows do-over for procedural defaults (access required)

Court-of-Appeals

Some procedural errors that may have meant dismissed appeals will no longer be fatal, a divided Virginia Court of Appeals said today in a trio of en banc cases. Specifically, in two cases, the court allowed amendments to retool assignments ...

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Default Set Aside After Carrier’s Delayed Response (access required)

In plaintiff’s suit alleging injuries from defendant’s tractor-trailer crashing into her from behind as she veered into a median in an effort to avoid debris in the roadway, a Harrisonburg U.S. District Court will set aside default entered against defendant ...

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