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Tag Archives: Civil Procedure

Nonsuit filing after dismissal hearing rejected (access required)

Where plaintiff filed a nonsuit motion after a hearing on defendant’s motion to dismiss, the nonsuit motion is denied because the case had been submitted to the court for a decision. Background Plaintiff alleged that defendant Norfolk Southern Railway caused, ...

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Record partially sealed in nonsuited divorce case (access required)

Where wife filed a “salacious” divorce complaint, which she nonsuited after it was revealed the parties were already litigating a Florida divorce and custody action, husband’s motion to seal the record is granted in part. Overview Although the parties had ...

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Oyer motion denied for criminal matter documents (access required)

Where plaintiff has sued defendant, his ex-wife, for malicious prosecution arising from five criminal warrants she swore out against him for trespass, and for a protective order issued against him, her demurrer is sustained. Plaintiff bases his complaint on defendant’s ...

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Comptroller not proper party for damage claim (access required)

Where the commonwealth billed construction companies and others more than $7 million for flooding damages resulting from a ruptured water line, the commonwealth comptroller’s suit under the Virginia Debt Collection Act to recover damages, interest, attorney’s fees and costs is ...

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Form letters insufficient contacts for jurisdiction (access required)

Where Massachusetts sent plaintiff, a Virginia company, form letters and notices advising that it might have a duty to collect and remit sales tax on its internet business activities in Massachusetts, these are insufficient contacts to establish jurisdiction for plaintiff’s ...

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