After the initial trial judge’s retirement, the re-assignment judge erred in reconsidering and effectively reversing a highly fact-dependent decision to recognize the defendants’ immunity from suit. The reconsideration exceeded the bounds of Rule 54. Background Defendants Jason Carpenter, Christopher Small, ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Judge William B. Traxler Jr.

In trade-secret litigation concerning a disputed international patent for a sugar substitute, a defendant’s attempt to “join” related counter-defendants was procedurally improper under Federal Rule of Civil Procedure 13(h). Background Sugar tastes good. But it’s unhealthy. So companies and scientists ...

Tagged with: Arbitration Business Law Civil Procedure Contract Judge Norman K. Moon Tort U.S. District Court - Western District

A woman and her mother sufficiently alleged defamation by a Golden Corral server, who publicly accused them of hiding food in their purses. But the court dismissed their claim for contract interference on account of their race and also struck ...

Tagged with: Civil Procedure Civil Rights Defamation Judge Elizabeth K. Dillon Tort U.S. District Court - Western District

Appellant Gary Pisner filed a complaint against Appellee Mark Conley, asserting breach of a written contract to perform demolition and clean-up work at his property. Pisner sought compensatory damages of $76,000. After the complaint was served and Conley failed to ...

Tagged with: Civil Procedure Contract Per Curiam Opinion Supreme Court of Virginia Unpublished Opinion

A bankruptcy court awarded some fees incurred to recover the debtor’s wrongly garnished wages, but said that counsel should have resolved the issue in the bankruptcy proceeding rather than filing two additional adversary suits. Further, especially in light of quarter-hour ...

Tagged with: Attorneys Fees Bankruptcy Civil Procedure Judge Paul M. Black U.S. Bankruptcy Court

In a multi-plaintiff race discrimination suit against a state agency, the court said an attempt to “streamline” the original complaint did just the opposite, finding that plaintiff-by-plaintiff presentation of allegations was repetitive and too many claims relied on “information and ...

Tagged with: Civil Procedure Civil Rights Employment Employment Discrimination Judge M. Hannah Lauck U.S. District Court - Eastern District

A plaintiff needed to produce an expert to prove her former attorneys failed to exercise reasonable care, skill, and dispatch. She said counsel had caused her personal injury claim to become time-barred by suing the wrong entity. Background Plaintiff Gigi ...

Tagged with: Attorneys Civil Procedure Evidence Legal Malpractice Per Curiam Opinion Personal Injury Supreme Court of Virginia

On January 27, 2016, Defendant Clinton Arthur was tried by a jury for being a felon in possession of a firearm. At trial, Arthur offered to “stipulate to the fact that he is a convicted felon” and objected to the ...

Tagged with: Civil Procedure Per Curiam Opinion Supreme Court of Virginia

A detective seeking to clear his name in connection with several criminal cases presented no countervailing interest to the public right of access to exhibits he had attached to an earlier public filing. The exhibits contained his personal employment records, ...

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

Protracted litigation repeatedly put consumer-plaintiffs on notice that their complaints failed to meet Rule 8 pleading standards, but they never amended their complaints during this time despite having leave to do so. Thus, the district court did not err in ...

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