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Tag Archives: Civil Practice

State law claims on credit reporting not removable (access required)

Plaintiffs’ state law claims against Wells Fargo related to credit reporting were not removable to federal court because the Fair Credit Reporting Act does not preempt all claims related to credit reporting. Background Justin and Monica Newcomer filed this action ...

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Amicus briefs OK in support of ‘tree sitters’ (access required)

The court allowed an amicus brief from an attorney involved in “various anti-pipeline matters” and a Virginia Tech assistant professor in support of two unrepresented “tree sitters,” because the brief may provide the court with information and perspective in deciding ...

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Exhibits can’t be substituted after summary judgment (access required)

After the defendant’s motion for summary judgment was granted, the plaintiff was barred from substituting exhibits she erroneously submitted to the trial court. Substitution is permitted only if the error resulted in omission in the appellate record of material reviewed ...

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County must provide info in termination suit (access required)

The court rejected the county board of supervisors’ reliance on the Virginia Freedom of Information Act to resist disclosure of closed-session discussions about the plaintiff’s termination, finding that federal law, not state law, governed. Addressing the board’s claims of attorney-client ...

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Attorney fees denied after split jury verdict (access required)

Even though a jury found for defendants on plaintiffs’ public nuisance claim, they are not entitled to prevailing party attorney fees because the jury rejected defendants’ counterclaim for trespass and found for plaintiffs on their common-law private nuisance claim. Background ...

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Fraudulent transfer claim still timely after arbitration (access required)

After an arbitration agreement was confirmed, the plaintiff alleged in district court that the consulting company fraudulently transferred assets to its individual owner, leaving no assets to satisfy the judgment. Although the district court dismissed the fraudulent transfer and a ...

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Amount in controversy in title company dispute sufficient (access required)

In denying one title company’s motion to dismiss, the court said that although the defendant title company argued the plaintiff’s damages were below the jurisdictional threshold, because a limitation of liability provision in the parties’ agreement or the plaintiff’s conduct, ...

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No bases shown for removing medical device case to federal court (access required)

A plaintiff who alleges he suffered injuries during spinal fusion surgery did not abandon his claims against non-diverse defendants, and because the removal occurred more than one year after the suit was filed in state court without a showing of ...

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