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Tag Archives: Civil Practice

Rule governing dismissals without leave to amend clarified (access required)

Where a district court dismisses a complaint or all claims without providing leave to amend, the order dismissing the complaint is final and appealable, and the time to appeal begins to run upon “entry” of the judgment. This rule overrules ...

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Demurrers to emotional distress claims sustained (access required)

Plaintiff’s lack of specificity in pleading her emotional distress claims requires the court to sustain defendant’s demurrers but she will have leave to file an amended complaint. Plaintiff’s allegation of sexual battery does not relieve her of “the obligation to ...

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District court erred in abstaining from suit (access required)

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 ...

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No appeal of preliminary protective order denial (access required)

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 ...

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TN consultant subject to personal jurisdiction in VA (access required)

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 ...

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