Where two tree-sitters occupying certain parcels of land possession which had been granted to a company to construct its planned pipeline route, the company was not allowed  to join them in condemnation action because defendants did not have an actual ...

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

Where a trial court erroneously reinstated its previously decided cases involving child support and arrearages, it realized its mistake and correctly vacated its reinstatement order. There was no error in denying a motion to reconsider. Background In 2016, Carolyn Rumbaugh ...

Tagged with: Civil Practice Per Curiam Opinion Virginia Court of Appeals

A motion for a protective order to limit defendant doctor’s discovery deposition in this medical malpractice case is denied. Plaintiff claims that defendant’s alleged negligent treatment following a stroke left her with a permanent visual impairment. Plaintiff seeks to depose ...

Tagged with: Augusta County Circuit Court Civil Practice Judge W. Chapman Goodwin

A company president is not personally responsible for a multi-million dollar judgment because he was never personally named in the complaint. However, the president might be liable for sanctions because of his conduct during the discovery. Background In December 2010, ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Barbara Milano Keenan

Because one of the defendants is alleged to be a resident of Virginia, as is the plaintiff, the case could not be removed to federal court on the basis of diversity jurisdiction, even if the Virginia defendant has not yet ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

Although the defendant argued he expended funds answering the complaint, preparing discovery requests, conducting two depositions and preparing a motion for summary judgment, the court held such costs were not so extensive as to give rise to substantial prejudice. As ...

Tagged with: Civil Practice Judge James P. Jones U.S. District Court - Western District

The circuit court should have set aside a $3 million award in this business dispute because it did not instruct the jury on appellant’s statute of limitations defense. Background Ferguson distributes Trane heating and cooling equipment. Ferguson made a rebate ...

Tagged with: Civil Practice Justice Cleo E. Powell Supreme Court of Virginia

Even though a father intended to give his children stock in the family business and filed tax documents showing his decreasing share ownership and a corresponding increase for his children, the gifts were ineffective because he never gave them the ...

Tagged with: Civil Practice Justice Stephen R. McCullough Supreme Court of Virginia

Where a class action lawsuit resulted in the dismissal of 10 out of 64 plaintiffs and settled for a total damages award of only 3% the initial amount sought, an award of attorneys’ fees that was almost double the amount ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Per Curiam Opinion

Where this case was previously remanded because the trial court’s judgment listed one plaintiff twice and omitted another plaintiff, the trial court correctly dismissed the twice-named plaintiff (because it did not obtain a certificate  of authority or registration before entry ...

Tagged with: Civil Practice Order Supreme Court of Virginia