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Parties to consent decree should be included in action to approve it
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 were necessary for the court to accord complete relief among the existing parties. Background This […]
Payment demand on Texas judgment should be heard there
Where an action in Texas against two Virginia companies resulted in an award of damages against only one of the defendants and a receiver for one of the plaintiffs demanded payment from the other defendant based on a litigation cost sharing agreement governed by Virginia law, Texas was deemed the appropriate venue to resolve the […]
Non-party subpoena quashed in Mississippi death penalty challenge
Where plaintiffs challenging Mississippi’s death penalty practices subpoenaed the Virginia Department of Corrections in the hopes of gathering information that would help them prove deficiencies in Mississippi’s practices, the subpoena was quashed because the department had already produced relevant information in their possession and producing additional information would impose an undue burd[...]
Bifurcation of claims did not prejudice defendant
Where bifurcation of defendant’s misappropriation of trade secrets claims did not prejudice the defendant’s ability to defend against plaintiff’s antitrust and breach of contract claims and the verdict in the antitrust and breach of contract trial was amply supported, a new trial was not warranted. Background Steves and Sons Inc. is an independent manufacturer of […]
Third party could produce data under subpoena
Where a third party that maintained confidential data for a defendant against whom plaintiffs’ claims had been stayed and the subject data was relevant to plaintiffs’ active claims against another defendant, the third party could produce the data without violating the Gramm-Leach-Bliley Act or Rule 45 of the Federal Rules of Civil Procedure. Background At […]
Plaintiff could not change deposition answer
After her deposition testimony, a plaintiff was allowed to change an answer by adding information that had been omitted by the court reporter but was not allowed to change another answer from “no” to “yes” where she failed to provide any explanation for such a substantive change. Background Plaintiff Jeanetta Lee alleges that defendant Henrico […]
Plaintiff’s complaint amended to eliminate defendants
A plaintiff who sued four defendants, but then experienced difficulty serving them, was allowed to amend its complaint to eliminate claims against these defendants. Although the one named-and-served defendant argued it should be allowed to keep the other defendants in the case through a third-party complaint, the court held that would delay the case and […]
Mechanic’s lien inferior to trustees’ and lender’s interests
Where a plumbing company sued to enforce a mechanic’s lien against defendant’s property for unpaid work, the lender and the deed trustees are not necessary parties to the case because, by statute, the lien is inferior to the trustees and lender’s interests. Overview Marines Plumbing, LLC repaired defendant’s plumbing. Defendant did not pay. MPL recorded […]
Suit over contraceptive stays in state court
Where a contraceptive device, regulated by the Food and Drug Administration, failed to work as intended, forcing the plaintiff to undergo a total hysterectomy to have it removed, the manufacturer of the device could not remove the action to federal court because the plaintiff’s state law claims did not raise a substantial question of federal […]
Claims related to funeral home’s release of cremains dismissed
Where a contract with a funeral home gave two individuals authority to receive the decedent’s cremains, the funeral home did not breach the contract by giving both urns containing the cremains to only one of the named individuals. Overview Plaintiff Tracy Lynn Cole, the widow of William Daniel Cole, claims defendant Oakley, a funeral home, […]
Request for voluntary dismissal did not prejudice defendants
Where multiple defendants moved to dismiss plaintiffs’ complaint with prejudice, plaintiffs were entitled to voluntarily dismiss their complaint without prejudice because they had never sought that relief before and defendants were not prejudiced by the prospect of a future action. Background This case stems from the emergency removal of a minor child from the custody […]
Transfer denied where related case was pending
A co-defendant in an antitrust action was not entitled to transfer the case to another venue, even though such venue would be appropriate, because a similar case involving the other co-defendant was pending in the venue chosen by plaintiff and transferring the case would not be more convenient for the majority of parties or witnesses. […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
