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Civil Practice

Apr 25, 2019

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 […]

Apr 25, 2019

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 […]

Apr 25, 2019

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[...]

Apr 10, 2019

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 […]

Apr 10, 2019

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 […]

Apr 10, 2019

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 […]

Apr 10, 2019

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 […]

Apr 2, 2019

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 […]

Apr 2, 2019

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 […]

Apr 2, 2019

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, […]

Apr 2, 2019

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 […]

Apr 2, 2019

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. […]

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