A statute that provides a method for appointing a substitute attorney in fact after a confession of judgment is executed defeats defendants’ argument that a successor must be named in the original instrument. Plaintiff’s motion to affirm a confession of ...

Tagged with: Civil Practice Judge James P. Fisher Loudon County Circuit Court Virginia Circuit Courts

Because defendants in the current suit concerning a lake access easement were not in privity with the plaintiff in a prior suit concerning the same easement, res judicata does not bar defendants’ counterclaim against plaintiffs in the current suit. Alleged ...

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

Where the New Jersey federal district court found the case should be transferred to the Eastern District of Virginia under the “first-filed rule,” but delayed transfer until it was confirmed the EDVA had jurisdiction over previously filed cases, a waiver ...

Tagged with: Civil Practice Judge Noel L. Hillman U.S. District Court - Eastern District

Where the trial court, in a breach of easement case, granted relief on a claim that was neither pleaded nor litigated, and awarded fees, costs and injunctive relief, this was error. The decision is reversed. Overview Mt. Aldie owns 60 ...

Tagged with: Civil Practice Supreme Court of Virginia

Where appellees prevailed on their claim that appellants acquired a valuable firearm collection by fraud, appellants were properly ordered to pay more than $108,000 in attorney’s fees. Background Ernest Elsea had several health problems that caused cognitive deficits and hearing ...

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

Where plaintiff partially assigned a promissory note to another entity, plaintiff cannot sue a defaulting defendant for the assigned percentage. Overview Plaintiff Walnut Street Finance and defendant Ferguson Holdings entered into a promissory note. Defendant Devon Ferguson signed the note ...

Tagged with: Civil Practice Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

Where there were no factual allegations showing how a corporate defendant’s ownership of a patent caused injury to plaintiffs in Pennsylvania, an entry of default against the corporate defendant by the Western District of Pennsylvania was vacated because the court ...

Tagged with: Civil Practice Judge Roderick C. Young U.S. District Court - Eastern District

Where the defendants’ medical expert made several substantive changes on the errata sheet following his deposition, but neither the close of discovery nor trial was imminent, the motion to strike the errata sheet was denied. The expert must appear for ...

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

Where a father who is a member of the Canadian armed forces seeks return of his daughter to Canada showed he could not travel to Roanoke for the hearing because of his military assignment to an Ontario hospital and limited ...

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

Each of the defendant’s objections to jurisdictional discovery was rejected, including its patently improper general objections, overbreadth arguments that were inadequately supported, assertions the court erred in allowing the discovery in the first place and claims of privilege without a ...

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