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Tag Archives: Civil Procedure

4th Cir.: Arbitrator’s decision mooted injunction appeal (access required)

An employer enjoined from moving its operations could no longer pursue its appeal after an arbitrator’s final decision. The matter was moot, despite the employer’s intention to seek attorneys’ fees. Background Appellant Airgas Inc. operates a facility in Hyattsville, Maryland, ...

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4th Cir.: Injunction denial required specific findings (access required)

Appellant Douglas A. Hoglan, a Virginia inmate, appeals the district court’s order denying his motion for a preliminary injunction to stop the enforcement of certain provisions governing incoming prisoner mail. In particular, Hoglan challenges the institutional requirement that images with ...

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WDVA: Limited jurisdictional discovery needed in patent suit (access required)

Outstanding stream-of-commerce issues prevented the court from immediately ruling on the defendant’s claim that the court lacked personal jurisdiction. Background Plaintiff MYA Saray LLC manufactures and distributes tobacco products, including hookahs and accessories. The company also owns a number of ...

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WDVA: Court abstains in Chinese bride’s support suit (access required)

The court was constrained to abstain from claims by a lawful permanent resident, in divorce proceedings with her estranged American husband, who sought to enforce the Affidavit of Support her husband had executed when they married pursuant to the Immigration ...

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Va. Cir.: Interlocutory appeal on immunity issues certified (access required)

Concluding that its first-impression immunity rulings would likely lead to an appeal of any trial result, the court stayed proceedings in a negligence action pending interlocutory appeals requested by both parties. Background In January 2014, the City of Norfolk contracted ...

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WDVA: ADEA claim fails after “sham affidavit” ruling (access required)

A federal district judge granted defendants summary judgment after striking the plaintiff’s post-deposition declaration. The court found “egregious” inconsistencies between the declaration and prior deposition testimony. Background Plaintiff Kimberly S. Moore worked as a hospital admissions clerk since 1991. Defendant ...

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4th Cir.: Court could hear U.S. contractor suit against Korea (access required)

This appeal arose from a contract dispute between Appellee BAE Systems Technology Solutions & Services Inc., a U.S. defense contractor, and Appellant Republic of Korea and its Defense Acquisition Program Administration. BAE sought a declaratory judgment that it had not ...

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SCV: Appellate claims can’t “piggy-back” on others’ notice (access required)

The circuit court, on appeal from a GDC case, lacked jurisdiction on plaintiff’s appeal to also consider the defendant’s counterclaim, let alone award damages, when the plaintiff was the only party that noticed its appeal. Background This case began in ...

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Va. Cir.: Oyer for corporate documents denied (access required)

A defendant may not crave oyer for documents other than deeds or letters of probate and administration, outside the narrow exceptions of (1) agreement of the parties, or (2) supplements to documents related to deeds or probate that are already ...

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