A plaintiff who alleges he suffered injuries during spinal fusion surgery did not abandon his claims against non-diverse defendants, and because the removal occurred more than one year after the suit was filed in state court without a showing of ...

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

By irrevocably consenting to the jurisdiction of the court in which the proceeding is brought, a sports agent with Paramount Sports & Entertainment Management effectively consented to state court jurisdiction, where the dispute over commissions was first brought. Background Defendant is ...

Tagged with: Civil Practice Judge Raymond A. Jackson U.S. District Court - Eastern District

Even though a dog in appellant’s custody may have begun to attack a neighbor’s dog while on appellant’s property, the circuit court correctly ruled that the dangerous dog statute’s safe harbor provision does not apply. There was sufficient evidence to ...

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

Where a punitive damages jury verdict set aside by the district court is reinstated by the appellate court, the postjudgment interest on the award runs from the date of the original district court judgment. Background On Aug. 2, 2018, this ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Richard M. Gergel

Although the interpleader plaintiff was entitled to recover its fees and costs, the court significantly reduced the requested hourly rate and number of requested hours. Background Pinnacle Bank froze the bank accounts of several affiliated companies because of IRS levies. ...

Tagged with: Civil Practice Judge Glen E. Conrad U.S. District Court - Western District

The plaintiff, who alleged he was falsely accused of sexual assault, established the presumption of openness to judicial proceedings was outweighed by other factors, including the sensitive nature of the subject matter and the risk of retaliation to the plaintiff, ...

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

Parties who claimed that sensitive and confidential personal information was at risk of being exposed in a suit brought by an insurer will not be allowed to intervene as defendants. Background RLI Insurance Company and Nexus Services Inc. entered into ...

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

A Virginia man seeking to determine the ownership of shotguns from the collection he purchased in Florida had his suit transferred to Florida, where the Florida state courts and the United States District Court for the Middle District of Florida ...

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

Before a motion and documents are unsealed, an insurer has 14 days to show that less drastic alternatives to sealing are unavailable or would not provide sufficient protection. Background Plaintiff RLI Insurance Company filed a motion to seal its motion ...

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

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