A wife alleging her now deceased and often-estranged husband fraudulently transferred marital assets to a trust can pursue her claims in federal court. Because the federal court complaint was filed before the probate court obtained jurisdiction over the property, the ...

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

A dispute over whether a South Carolina-based competitor of a Virginia mattress company violated the Lanham Act and Virginia law will remain in Virginia as the defendant was subject to personal jurisdiction, venue was appropriate here and a balancing of ...

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

Where plaintiff challenges a verdict for the defense in this medical malpractice case on the basis that the court should have excused two venire members for cause, the verdict is upheld because both venire members ultimately harbored no bias and ...

Tagged with: Civil Practice Published Order Supreme Court of Virginia

Four franchisees alleging a national tax preparation company violated the Sherman Act by including certain no-hiring and no-solicitation clauses in standard franchise agreements will have to pursue their cases in a New Jersey federal court after a court held venue ...

Tagged with: Civil Practice Judge Robert G. Doumar U.S. District Court - Eastern District

A Massachusetts plaintiff who alleges a credit card company improperly charged her, and others, for purchases will have to litigate her claims in Virginia because various factors, including the location of witnesses and a choice of law provision, favor Virginia ...

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

A defendant failed in her attempt to set aside a default judgment – arising from the illegal download of a movie – because she did not show diligence in her conduct and provided no explanation for her delayed response. Background ...

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

A copyright dispute over competing weight-loss books will be heard in Virginia, instead of Tennessee, because the suit was properly filed in Virginia by the Virginia-based plaintiff, and because the interests of justice did not substantially favor moving the case ...

Tagged with: Civil Practice Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

A Virginia-based company cannot sue its New York-based advertising agency in Virginia because the agency did not have sufficient contacts with Virginia to be subject to personal jurisdiction here. Background New Venture Holdings LLC is a Virginia corporation and operates ...

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

Where a pipeline company was unable to obtain necessary easements through an agreement with the affected landowners, and the affected landowners failed to respond to the company’s complaint in condemnation, the company was entitled to take possession of the easements ...

Tagged with: Civil Practice Judge John A. Gibney Jr. U.S. District Court - Eastern District

The Commonwealth of Virginia was entitled to intervene in an action to approve a proposed consent decree to which it was a party and other parties with obligations under the proposed settlement agreement were joined in the action because they ...

Tagged with: Civil Practice Judge Rebecca Beach Smith U.S. District Court - Eastern District