Although the interpleader plaintiff was entitled to recover its fees and costs, the court significantly reduced the requested hourly rate and number of requested hours. Background Pinnacle Bank froze the bank accounts of several affiliated companies because of IRS levies. ...

Tagged with: Civil Practice Judge Glen E. Conrad U.S. District Court - Western District

The plaintiff, who alleged he was falsely accused of sexual assault, established the presumption of openness to judicial proceedings was outweighed by other factors, including the sensitive nature of the subject matter and the risk of retaliation to the plaintiff, ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

Parties who claimed that sensitive and confidential personal information was at risk of being exposed in a suit brought by an insurer will not be allowed to intervene as defendants. Background RLI Insurance Company and Nexus Services Inc. entered into ...

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

A Virginia man seeking to determine the ownership of shotguns from the collection he purchased in Florida had his suit transferred to Florida, where the Florida state courts and the United States District Court for the Middle District of Florida ...

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

Before a motion and documents are unsealed, an insurer has 14 days to show that less drastic alternatives to sealing are unavailable or would not provide sufficient protection. Background Plaintiff RLI Insurance Company filed a motion to seal its motion ...

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

Where a suit between a company and Wells Fargo is pending in state court, the plaintiff cannot pursue its claims against in federal court as well. Background Property Damage Specialists brought this suit to recover money it alleges it is ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

Even if an expert witness favored defendants in black lung cases, violated applicable standards, and misled coal miners and the Black Lung Benefits Act tribunals, that witness – like other witnesses – is entitled to absolute immunity from plaintiffs’ RICO ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge J. Harvie Wilkinson III

Where an engineering construction company suing a power generating facility for breach of contract filed a motion to strike the facility’s demand for a jury trial after it had filed its answer, the motion to strike was untimely. Background In ...

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

A defendant seeking federal jurisdiction in a negligence case may filed an amended removal notice to correct technical errors. Background On March 2, 2016, while plaintiff was at the commissary located on Joint Expeditionary Base Little Creek, a basketball goal ...

Tagged with: Civil Practice Judge Mark Davis U.S. District Court - Eastern District

Where homeowners sued a mortgage company and included a claim against the Virginia-based foreclosure company that foreclosed on their property, the case is remanded back to state court for a lack of complete diversity. Background Plaintiff alleges that he and ...

Tagged with: Civil Practice Judge Henry E. Hudson U.S. District Court - Eastern District