Although the defendant failed to set its motion to dismiss for a hearing, as required by the local rules, that did not mean the motion was automatically withdrawn, and the court had discretion to forgive the violation. Background On June ...

Tagged with: Civil Practice Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a plaintiff in Mexico failed to appear in person for a deposition in the United States because of COVID restrictions, and his counsel failed to seek a protective order or bring the matter to the attention of the court, ...

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

Where the plaintiff suing over a failed joint venture made material misrepresentations in several allegations in their second amended complaint and attached incorrect documents, they were ordered to correct all allegations inconsistent with the factual record. Although the case was ...

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

Although defendants argued the magistrate judge applied the wrong standard, incorrectly applied the actual standard or ignored their arguments, the magistrate judge applied the correct law and standards; correctly determined the motion was not dilatory, prejudicial or contrary to the ...

Tagged with: Civil Practice Judge Thomas T. Cullen U.S. District Court - Western District

Plaintiff taxpayers lack standing to challenge to challenge the local sheriff’s cooperation agreement with the federal government to enforce federal immigration laws. Their complaint does no more than identify a policy with which they disagree and then asserts that any ...

Tagged with: Civil Practice Justice S. Bernard Goodwyn Supreme Court of Virginia

License plate data retained in the Fairfax County Police Department’s Automated License Plate Recognition System is not an “information system” under the Government Data Collection and Dissemination Practices Act. The record-keeping process does not “provide a means through which a ...

Tagged with: Civil Practice Justice Stephen R. McCullough Supreme Court of Virginia

Where the parties’ amended property settlement agreement required husband to maintain wife as a 50% beneficiary of a life insurance policy, wife’s claim to the insurance proceeds is governed by equity principles rather than substantive law. Wife’s equitable claim is ...

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

Where the dismissal order neither satisfied the requirements for a judgment nor was entered as a judgment, it did not start the 14-day deadline for filing a motion for attorneys’ fees. As such, the defendant’s motion filed 18 days later ...

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

Where an acquisition company purchased a construction company’s assets, the purchase included equitable title to stock that the construction company owned but for which no certificates were issued. Overview This is an interpleader action concerning the proceeds of stock certificates ...

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

Where the circuit court dismissed appellant’s case with prejudice after she failed to appear, believing the case had never been placed on the court’s docket, the circuit court abused its discretion by dismissing the case with prejudice. “There is no ...

Tagged with: Civil Practice Supreme Court of Virginia