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Author Archives: Rebecca M. Lightle

After state nonsuit, plaintiff states federal wage claim (access required)

A contract employee plausibly stated claims for FLSA violations and breach of contract based on allegations that his employer withheld two weeks of paychecks. Because the state court in his earlier-filed action on the same grounds had not made any ...

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Appeal of jurisdictional discovery order was frivolous (access required)

Defendants who asked the court to dismiss the case against them for lack of subject-matter jurisdiction had no basis to appeal the court’s denial without prejudice. The court had denied the motion on procedural grounds and ordered jurisdictional discovery to ...

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State-law claims for storage damage survive (access required)

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

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Special warranty conveyance preserves interest in condos (access required)

A condo developer successfully petitioned to invalidate a subcontractor’s mechanic’s lien on the individual condos after the general contractor reportedly went bankrupt. Though it had sold all the condos, the developer had standing to bring the petition by virtue of ...

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Judgment final as to co-defendant who didn’t appeal (access required)

One of two defendants appealing a $24,000 judgment against them cannot add the other defendant to the appeal. General district court judgments are final as to parties who note no appeal. Background In 2016, Denise Johnson rear-ended Defendant Milford Smith, ...

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Agency not required to serve decision on unnamed party (access required)

The court lacks jurisdiction to consider this administrative appeal. The City of Norfolk, the petitioner, was not a named party in the agency’s adjudication and submitted no public comments. Thus, it was not entitled to service of the final decision ...

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