Where a suit between a company and Wells Fargo is pending in state court, the plaintiff cannot pursue its claims against in federal court as well. Background Property Damage Specialists brought this suit to recover money it alleges it is ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

Even if an expert witness favored defendants in black lung cases, violated applicable standards, and misled coal miners and the Black Lung Benefits Act tribunals, that witness – like other witnesses – is entitled to absolute immunity from plaintiffs’ RICO ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge J. Harvie Wilkinson III

Where an engineering construction company suing a power generating facility for breach of contract filed a motion to strike the facility’s demand for a jury trial after it had filed its answer, the motion to strike was untimely. Background In ...

Tagged with: Civil Practice Judge M. Hannah Lauck U.S. District Court - Eastern District

A defendant seeking federal jurisdiction in a negligence case may filed an amended removal notice to correct technical errors. Background On March 2, 2016, while plaintiff was at the commissary located on Joint Expeditionary Base Little Creek, a basketball goal ...

Tagged with: Civil Practice Judge Mark Davis U.S. District Court - Eastern District

Where homeowners sued a mortgage company and included a claim against the Virginia-based foreclosure company that foreclosed on their property, the case is remanded back to state court for a lack of complete diversity. Background Plaintiff alleges that he and ...

Tagged with: Civil Practice Judge Henry E. Hudson U.S. District Court - Eastern District

While the circuit court agreed there was an “unreasonable delay” in the mailing of the final order, it did not err in denying a husband’s request to take an untimely appeal in his bid to terminate spousal support because his ...

Tagged with: Civil Practice Judge Robert J. Humphreys Virginia Court of Appeals

A personal injury plaintiff can file a motion for nonsuit after commencement of the circuit court trial, which will annul the district court judgment and rulings. Background Mee Kim filed a personal injury action. The Fairfax general district court sustained ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Three German auto makers established sufficient contacts with the state, including marketing and advertising, to make them subject to the Virginia court’s specific jurisdiction. Background Volkswagen Group of America, Inc. (“VWGoA”) is a subsidiary of Volkswagen Aktiengesellschaft (“VW AG”) and ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Bruce D. White Virginia Circuit Courts

Because nothing in the record indicated defendant’s website targeted Virginians or that defendant engaged in business or other activity with Virginia, the plaintiff failed to establish a case for personal jurisdiction. Background Defendant, Ed Foster, IV, a Florida resident, began ...

Tagged with: Civil Practice Judge M. Hannah Lauck U.S. District Court - Eastern District

Defendant objected to plaintiff’s notice of voluntarily dismissal without prejudice, which plaintiff filed after defendant moved to dismiss the suit. Defendant argued its motion to dismiss was actually a motion for summary judgment because it relied upon additional documents. The ...

Tagged with: Civil Practice Judge Michael F. Urbanski U.S. District Court - Western District