Where the amount of the confessed judgment was larger than the amount agreed to in the underlying note, the court lacked jurisdiction to accept the confessed judgment and it is void ab initio. The parties, Forge LLC and Pearson, executed ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Daniel E. Ortiz Virginia Circuit Courts

Where a complaint did not seek any monetary relief against, or allege any breach of duty by, the sole defendant who resided in the same state as plaintiff, that defendant’s status as a nominal party who did not count for ...

Tagged with: Civil Practice Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where an individual was found with funds containing traces of controlled substances while going through security at an airport and was unable to provide documentation to support any of his inconsistent claims regarding the source of those funds, the funds ...

Tagged with: Civil Practice Judge Anthony J. Trenga U.S. District Court - Eastern District

The district court did not adequately consider evidence the settlement was the product of collusion or that it harmed certain members of the class, whose interests were different than the representative members. Background This appeal of a class-action settlement concerns ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Roger L. Gregory

The circuit court correctly sanctioned petitioner because its challenge to an order “was not well grounded in fact and warranted by existing law or a good faith argument” to extend, modify or reverse existing law. But the court’s $20,000 sanction ...

Tagged with: Civil Practice Published Order Supreme Court of Virginia

A tribal entity officer could not quash a subpoena to testify about his employment before he began working for the tribal entity, even if the prior employment was related to his current position. Background Plaintiff Lula Williams filed a complaint ...

Tagged with: Civil Practice Judge Robert E. Payne U.S. District Court - Eastern District

Where plaintiffs’ complaint alleged that defendants used their trademarks without authorization to sell counterfeit versions of their products and plaintiffs properly served defendants by email pursuant to a court order, plaintiffs were entitled to default judgment on their claims that ...

Tagged with: Civil Practice Judge Liam O'Grady U.S. District Court - Eastern District

Although a medical condition made it difficult for the defendant to travel to the plaintiff’s chosen venue, she was not entitled to transfer the action because the plaintiff had a strong interest in keeping the action in the venue of ...

Tagged with: Civil Practice Judge Robert E. Payne U.S. District Court - Eastern District

Even though the appellee used his truck only once to sell drugs to an undercover informant, the truck had a “substantial connection” to the illegal distribution of a controlled substance and was subject to forfeiture under the applicable civil forfeiture ...

Tagged with: Civil Practice Justice D. Arthur Kelsey Supreme Court of Virginia

A commissioner of sale is personally liable after the net sale proceeds of a marital home in the underlying case were distributed without satisfying petitioner’s lien. The commissioner failed “to file a proper accounting” of all the encumbrances on the ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts