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Tag Archives: Civil Practice

Court can hear challenge to pastor’s confirmation (access required)

Where members of the Heritage Fellowship Church allege that its board of directors manipulated voter rolls after a failed attempt to confirm a senior pastor by lowering the number of votes needed for the necessary two-thirds majority, and accordingly declared ...

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Livestock owner couldn’t challenge animal cruelty laws (access required)

A livestock owner who was previously convicted of violating Virginia’s animal cruelty statutes lacked standing to attack the statutes as unconstitutional because she did not allege that she intended to care for livestock in a manner prohibited by the laws. ...

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Mechanic’s lien without suit is not abuse of process (access required)

The filing of a mechanic’s lien, without an accompanying enforcement action, does not give rise to a claim for abuse of process because no judicial authority is involved. Defendants’ demurrer to this claim is sustained. Overview The “narrow issue” in ...

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Fourth Circuit precedent forecloses attorneys’ fees claim (access required)

Where the 4th U.S. Circuit Court of Appeals previously held that a plaintiff who won a preliminary injunction that was not reversed or modified, but whose case was later dismissed as moot, is not a “prevailing party” entitled to attorneys’ ...

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Foreclosure challenge properly removed to federal court (access required)

Where a homeowner argued the mortgage noteholder lacked standing to initiate foreclosure proceedings because of irregularities in the process by which it was assigned the mortgage, and that claim depended entirely on the interpretation of federal law and federal regulations, ...

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Railroad’s inconvenient forum motion denied (access required)

Where defendant railroad company has moved to dismiss plaintiff’s injury claim brought under the Federal Employers’ Liability Act based on an inconvenient forum, the motion is denied. Defendant has not established “substantial inconvenience” to the likely witnesses at trial. Background ...

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