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Tag Archives: Civil Procedure

New Order Can’t Correct ‘Accidental’ Language (access required)

A homeowners association suing a noncompliant owner can’t get a second default judgment with an injunction, after the first order included, “by accident,” language stating the owner was in compliance; a Fairfax Circuit Court says the earlier order was final ...

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Diversity Depends on Company’s ‘Nerve Center’ (access required)

In a West Virginia coal sales company’s contract action against steel companies Severstal Wheeling and Mountain State, the 4th Circuit reverses the district court’s dismissal of the case for lack of subject matter jurisdiction; the district court erred in holding ...

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Defendant Not Estopped from Claiming Diversity (access required)

Although defendant in this auto-accident personal injury case initially represented that she is a Virginia resident, she is not estopped from asserting diversity jurisdiction to keep the case in the Richmond U.S. District Court after defense counsel ascertained that in ...

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Plaintiff Can’t Avoid Sanctions With Nonsuit (access required)

A plaintiff already sanctioned for nondisclosures during discovery receives additional sanctions after defendant learned of additional undisclosed medical treatment, and a Norfolk Circuit Court says plaintiff can’t avoid sanctions by nonsuiting his personal injury suit. The records show plaintiff was ...

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