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Tag Archives: Civil Practice

District court erred in abstaining from suit (access required)

Where the district court abstained from a suit challenged West Virginia’s administration of child welfare services because it believed it would interfere with state-court proceedings, that was error. The principles of federalism are not served by abstention and, if plaintiffs ...

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No appeal of preliminary protective order denial (access required)

Where appellant seeks to appeal  the general district court’s denial of preliminary protective orders, the circuit court lacks appellate jurisdiction because there is no final order in this matter. Not final “When the Circuit Court exercises its appellate jurisdiction in ...

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TN consultant subject to personal jurisdiction in VA (access required)

Where a Tennessee consultant initiated contact with a Virginia company, contracted with that Virginia company, directed telephonic and email communications into Virginia, met with Virginia-based employees, sent invoices to Virginia, accepted more than $123,000 in payments mailed from Virginia and ...

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Preliminary injunction doesn’t confer ‘prevailing party’ status for attorneys’ fees (access required)

Where the plaintiffs obtained a preliminary injunction against enforcement of a Virginia statute that triggered the automatic suspension of driver’s licenses for nonpayment of court costs and fines, and the General Assembly then repealed the statute, the plaintiffs weren’t entitled ...

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