The plaintiff in an employment discrimination case could not compel two former managers of the company to testify about their conversations with the company’s counsel in preparation for their deposition because the company’s attorney-client privilege shielded those conversations from discovery. ...

Tagged with: Civil Practice Judge James P. Jones U.S. District Court - Western District

Where the discovery in plaintiff’s lawsuit was voluminous, disorganized and contentious, and a significant amount of discovery could still be outstanding, there was good cause to delay the start of trial and allow plaintiff to amend its complaint to add ...

Tagged with: Civil Practice Judge Joel Hoppe U.S. District Court - Western District

Attorneys who failed to demonstrate their experience in similar class actions, violated federal and local rules and were deficient in their performance in other cases lack the experience, diligence and discipline necessary to competently represent the proposed class. Background This ...

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

Although there is already a dispute between the same parties and involving the same issue pending before the Trademark Trial and Appeal Board (TTAB), that proceeding has been stayed. Because this case is likely to proceed at a faster pace, ...

Tagged with: Civil Practice Judge Joel Hoppe U.S. District Court - Western District

A plaintiff was entitled to collect on a contempt award against a national business franchise by garnishing two bank accounts in the franchise’s name because the current owner of the franchise failed to establish that it had actually loaned money ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Allyson K. Duncan

Although a district court made errors in certifying a defendant class, including failing to timely appoint class counsel or ensuring the requirements of Federal Rule 23 were satisfied, the objecting parties’ failure to timely object to these defects and the ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge A. Marvin Quattlebaum Jr.

A plaintiff in a premises liability action was entitled to discover the policies and procedures used by the defendant to maintain the safety of its premises at the time of plaintiff’s injury because even though the policies and procedures could ...

Tagged with: Civil Practice Judge Joel Hoppe U.S. District Court - Western District

Where a plaintiff whose original claims were based on state law used a mechanism created by state law to aid in its enforcement of a state court judgment of less than $10,000, the defendant, who was a citizen of the ...

Tagged with: Civil Practice Judge Joel Hoppe U.S. District Court - Western District

A stepson claiming his stepmother tortiously interfered with contracts between him and his father can proceed with his suit in Virginia. Though the stepson failed to establish that his stepmother, who lives in Florida, is essentially at home in Virginia, ...

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

A suit alleging an online publication defamed the plaintiff is headed to New York federal court because the defendants and the relevant witnesses reside there and the plaintiff is not located in Virginia. Background David Seaman filed this action against ...

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