Where the court lacked jurisdiction over a lawsuit, because there was a lack of diversity between the parties, the defect wasn’t cured by consolidation with another suit. Background In 2015, Timothy Capps entered into an independent-contractor agreement with Newmark Southern ...

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

A sanctions order against appellant “for filing a praecipe with an inaccurate certification of compliance with Rule 4:15(b)” is upheld. “However, the court abused its discretion in sanctioning DeVita for his emails to the GAL and nonappearance before the calendar ...

Tagged with: Civil Practice Judge Mary Grace O'Brien Virginia Court of Appeals

Where wife sought sanctions from her incarcerated husband’s guardian ad litem, claiming that the GAL “unnecessarily litigated ‘a wholly uncontested divorce solely to delay the resolution of the case and to improperly increase his claim for attorney’s fees[,]’” the trial ...

Tagged with: Civil Practice Judge Mary Grace O'Brien Virginia Court of Appeals

Where an antiabortion organization challenged a Charlotte picketing ordinance, and the city then agreed to a consent order that allowed the organization to distribute literature outside an abortion clinic, the organization was entitled to recover its attorney’s fees as a ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Albert Diaz

Where a company sued for wrongful death was allowed to file a late answer, but was precluded from raising any affirmative defenses to the wrongful death claim, its motion to now amend its late answer to add responses and affirmative ...

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

Where landlords sued for allegedly violating federal and Virginia fair housing laws showed that they acted promptly after receiving notice of the default, there was no real prejudice to the renters if default was vacated, there was no history of ...

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

Where eight consolidated cases present opportunities to apply Virginia’s Dead Man’s statute, the court clarifies the statute’s corroboration requirements. Overview Estate of Lohman has been consolidated with Rosenthal/Bavely. The common thread is application of the Dead Man’s statute. “In Lohman, ...

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

Where a judgment creditor sought to serve out-of-state subpoenas duces tecum on third parties in Virginia suspected of holding the debtor’s property or assets, the trial court should have granted the debtors’ motion to quash. Rulings “We consider here whether ...

Tagged with: Civil Practice Judge Stuart A. Raphael Virginia Court of Appeals

Where a law firm petitioned for a writ of mandamus to compel Fairfax County Chief Circuit Court Judge Penney S. Azcarate to provide consent to release copies of transcripts relating to Depp v. Heard or, alternatively, to compel the court ...

Tagged with: Civil Practice Virginia Court of Appeals

Civil Practice “Wesseh argues that the circuit court erred in dismissing her appeal and finding that it did not have jurisdiction over the matter. We find that Wesseh failed to preserve her arguments for appeal. … Wesseh has failed to ...

Tagged with: Civil Practice Criminal Virginia Court of Appeals