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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Henry F. Floyd

Where the plaintiff previously appealed the dismissal of her claims against one defendant but did not appeal the dismissal of her claims against the two remaining defendants, this court reversed the dismissal of the claims against the first defendant, and ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Paul V. Niemeyer

Where petitioner sought a protective order in the JDR court after respondent received a summons for speeding while the parties’ daughter was in the vehicle, the JDR court’s denial of petitioner’s oral motion for a protective order is upheld on ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where a jury awarded plaintiff’s decedent compensatory and punitive damages for his malicious prosecution claim, the evidence does not support the amounts awarded. Plaintiff must accept a remittitur or a new trial limited to the issue of damages. Background Officers ...

Tagged with: Civil Practice Norfolk City Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Stephen C. Shannon Virginia Circuit Courts

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 ...

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

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the automatic suspension of driver’s licenses for nonpayment of court costs and fines, and the General Assembly then repealed the statute, the plaintiffs weren’t entitled ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Stephanie Dawn Thacker

Where a breeder of animals used for pharmaceutical research decided to close its facility after it was ordered to comply with the Animal Welfare Act, or AWA, it may transfer animals out of the facility to fulfill existing contracts. Transfers ...

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

Where the record supported a conclusion that a West Virginia administrator’s actions favored a local business over out-of-state competition and that the state agency had prejudged the outcome of an administrative proceeding, the district court did not err in enjoining ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge A. Marvin Quattlebaum Jr.

Where a company’s privilege log contained more than 3,581 entries, but it was not clear that each email in each chain and each attachment included in each chain was privileged, whether documents “reflecting” legal advice were privileged and the log ...

Tagged with: Civil Practice Judge Pamela Meade Sargent U.S. District Court - Western District