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Tag Archives: Civil Procedure

‘Harsh Result,’ But Refiled Personal Injury Suit Dismissed (access required)

In this personal injury litigation after a 2005 auto accident, with multiple complaints filed by plaintiff passenger and the intervening death of defendant driver, a Fairfax Circuit Court says plaintiff’s complaint filed in 2010 is time-barred. On Oct. 23, 2005, ...

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Plaintiff Gets Docs Under Crime/Fraud Exception (access required)

In this suit under the False Claims Act, an Alexandria U.S. District Court magistrate judge says there is a prima facie case that defendant Oracle misrepresented certain pricing practices during contract negotiations with the government, and offered commercial customers discounts ...

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Warehouse In Virginia, But Execs’ Contacts Not Enough (access required)

A defendant corporation’s contacts with the forum state are not reflexively attributed to a corporate agent for jurisdictional purposes, and a Richmond U.S. District Court says plaintiff paper company, which alleges defendant company and its two executives sold paper it ...

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Contract Counterclaim Against FLSA Plaintiff Dismissed (access required)

A Richmond U.S. District Court magistrate judge dismisses an employer’s counterclaim against plaintiff, who sued for overtime pay, because employer makes only conclusory assertions and does not allege facts supporting his claims that plaintiff is liable to repay a loan ...

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Discovery Delay Penalty, But No Summary Judgment (access required)

A Norfolk Circuit Court will treat plaintiffs’ requests for admission as admitted by defendant, for defendant’s failure to timely respond to plaintiffs’ requests, but plaintiff is not entitled to summary judgment on its fraud and conversion claim, based on defendant’s ...

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