Where the summons and complaint was received at the defendant’s house on Aug. 29, that date started the 30-day clock for removing the case to federal court. Although the defendant argued he was not home on Aug. 29, did not ...

Tagged with: Civil Practice Judge Raymond A. Jackson U.S. District Court - Eastern District

The trial court correctly dismissed a judgment creditor’s summons to compel appellee to answer debtor’s interrogatories.  Appellee was not among the class of individuals identified in Code § 8.01-506(A) who can be compelled to answer debtor’s interrogatories. The statute does ...

Tagged with: Civil Practice Judge Mary Bennett Malveaux Virginia Court of Appeals

Plaintiffs’ post-arbitration communications with defendant’s agent extended the statute of limitations on their Lemon Law claim. Overview After plaintiffs claimed their new Jeep manufactured by FCA had many problems, plaintiff Randel submitted a Customer Arbitration Process Application as part of an ...

Tagged with: Civil Practice Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where the trial court required plaintiff to show a “direct relationship” between a defense expert and defendant’s insurer before allowing the expert to be cross-examined on his prior financial relationship with the insurer, this was error. Caselaw provides that the ...

Tagged with: Civil Practice Justice William C. Mims Supreme Court of Virginia

Where plaintiff seeks to depose a representative of defendant Hickory Hill Retirement Community, defendant’s motion for a protective order regarding some of the deposition topics is denied. Decision “Pursuant to Rule 4:5(b)(6), plaintiff, Matthew Charles Henderson, asked that defendant Hickory ...

Tagged with: Civil Practice Judge Paul W. Cella Nottoway County Circuit Court Virginia Circuit Courts

Where a counterclaim was compulsory in that it arose out of the same transaction or occurrence, and it was not timely asserted, good cause existed to allow its untimely filing. The opposing party was aware of the counterclaim, discovery was ...

Tagged with: Civil Practice Judge Michael F. Urbanski U.S. District Court - Western District

Where appellee claims that the voluntary payment doctrine moots appellant’s appeals regarding a judgment entered against her, a remand is required for fact finding to determine whether appellant authorized payment of the judgment lien that attached to real estate that ...

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

Where plaintiffs seek to enjoin construction of a distribution center located near their homes, they lack standing to do so because they have not alleged particularized injuries arising from the construction.  Plaintiffs are granted leave to amend their complaint to ...

Tagged with: Civil Practice Hanover County Circuit Court Judge J. Overton Harris Virginia Circuit Courts

Where respondent Fairfax Human Rights Commission issued a subpoena duces tecum for petitioner Capital Investment Advisors relating to racial discrimination in an apartment complex, the court, on the commission’s motion to reconsider, now concludes that the commission has subpoena power when ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Brett A. Kassabian Virginia Circuit Courts

Where plaintiff alleges his employer used a Taser on him and assaulted him in front of other employees, an arbitration agreement he signed as a condition of employment bars a suit alleging workplace torts. Background Defendant Myers, an employee of ...

Tagged with: Civil Practice Fairfax County Circuit Court Virginia Circuit Courts