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Tag Archives: Civil Practice

Claim against Virginia-based defendant defeats diversity (access required)

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 ...

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Nonsuit should come at start of de novo trial (access required)

A personal injury plaintiff can file a motion for nonsuit after commencement of the circuit court trial, which will annul the district court judgment and rulings. Background Mee Kim filed a personal injury action. The Fairfax general district court sustained ...

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Court has jurisdiction over VW and Audi defendants (access required)

Three German auto makers established sufficient contacts with the state, including marketing and advertising, to make them subject to the Virginia court’s specific jurisdiction. Background Volkswagen Group of America, Inc. (“VWGoA”) is a subsidiary of Volkswagen Aktiengesellschaft (“VW AG”) and ...

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No jurisdiction over “semi-interactive” website (access required)

Because nothing in the record indicated defendant’s website targeted Virginians or that defendant engaged in business or other activity with Virginia, the plaintiff failed to establish a case for personal jurisdiction. Background Defendant, Ed Foster, IV, a Florida resident, began ...

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Plaintiff could nonsuit after defendant’s motion to dismiss (access required)

Defendant objected to plaintiff’s notice of voluntarily dismissal without prejudice, which plaintiff filed after defendant moved to dismiss the suit. Defendant argued its motion to dismiss was actually a motion for summary judgment because it relied upon additional documents. The ...

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United States allowed to foreclose against real property (access required)

The United States previously obtained judgment against an individual who failed to pay taxes for 11 years. It now moved to foreclose real property owned by the defendant. The court granted the United States’ motion for summary judgment and ordered ...

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