Where the Democratic Party of Virginia alleged that two of Virginia’s voting laws violated the U.S. Constitution, the Republican Party of Virginia may intervene as a defendant because it offered a different perspective than the election official defendants, its interests ...

Tagged with: Civil Practice Judge Henry E. Hudson U.S. District Court - Eastern District

Where a conservative legal group moved to intervene in a suit alleging that two of Virginia’s voting laws violate the US Constitution, but their interests were aligned with the state election official defendants and there was no showing of adversity ...

Tagged with: Civil Practice Judge Henry E. Hudson U.S. District Court - Eastern District

Where the governor has issued an executive order that allows parents to exempt their children from school masking requirements, petitioners’ requested relief to negate the order with writs of mandamus and prohibition is unavailable against any respondents in this action. ...

Tagged with: Civil Practice Supreme Court of Virginia

Where the court previously allowed jurisdictional discovery, the defendant failed to provide any argument for why that decision should be reconsidered. Background The court initially dismissed Philip Burgess from this suit based upon lack of jurisdiction. Discovery continued as to ...

Tagged with: Civil Practice Judge Robert E. Payne U.S. District Court - Eastern District

Where the attorney representing the school board in an Individuals with Disabilities Education Act case previously met with the plaintiffs about potential representation, but most information shared during that meeting was not central or meaningful to the case, and any ...

Tagged with: Civil Practice Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where a former City of Virginia Beach employee filed three separate – but related – lawsuits against the city, resulting in confusion and inefficiencies, the court ordered that the claims would proceed in the docket of the most recently filed ...

Tagged with: Civil Practice Judge Roderick C. Young U.S. District Court - Eastern District

Where four detainees jointly filed a single lawsuit alleging they didn’t receive stimulus checks, the suit will be severed into four separate civil actions to avoid disagreements among the detainees, avoid coercion, and satisfy the Prisoner Litigation Reform Act, which ...

Tagged with: Civil Practice Judge Pamela Meade Sargent U.S. District Court - Western District

Where the circuit court found for appellee in an easement dispute, this appeal became moot when appellee sold his property. The circuit court’s judgment is vacated. Because the case is moot, neither side was the “substantially prevailing party on appeal.” ...

Tagged with: Civil Practice Justice D. Arthur Kelsey Supreme Court of Virginia

Where the South Carolina governor had no responsibility for enforcing a provision in the state budget that prohibits school districts from using appropriated funds to impose mask mandates, and the South Carolina attorney general had neither implemented nor threatened to ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Stephanie Dawn Thacker

Although a Virginia statute requires a plaintiff asserting a medical malpractice claim to obtain an expert certification before serving defendants, this requirement is inapplicable in federal court because it conflicts with the Federal Rules of Civil Procedure. Background Andrew E. ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice