In an action for unlawful detainer, defendants occupying their deceased mother’s home could not effectively challenge title by affirmative defense only; any title disputes needed to resolved by separate lawsuit or counterclaim. Background Sometime prior to November 28, 2016, at ...

Tagged with: Civil Procedure Judge David B. Carson Mortgage Real Property Roanoke Circuit Court Virginia Circuit Courts

In a teacher’s pay discrimination suit, emails and salary-comparison documents created by the school board’s attorney were privileged, even if created for pre-litigation settlement discussions. Background Plaintiff Debra Colley worked for Defendant Dickenson County public school system from 2007 until ...

Tagged with: Attorneys Civil Procedure Employment Employment Discrimination Evidence Judge James P. Jones U.S. District Court - Western District

Scheduling emails with a transferring judge’s chambers justified reconsideration of the plaintiffs’ motion to compel, initially denied on the court’s belief that the failed to set it for hearing, as well as the defendants’ motion for summary judgment. Background This ...

Tagged with: Civil Practice Civil Procedure Discovery Judge Norman K. Moon U.S. District Court - Western District

The district court did not err in holding a childcare center in contempt for violating the terms of an injunction related to use of the word “rainbow.” The center was liable for liquidated damages and attorneys’ fees, plus the cost ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Attorneys Fees Civil Practice Civil Procedure Contract Corporate Intellectual Property Judge G. Steven Agee

The defendants were not entitled to reconsideration of the court’s decision to grant summary judgment to the plaintiff on the issue of his contributory negligence, as their proposed grounds amounted to mere disagreement with the court’s earlier conclusions. Background In ...

Tagged with: Civil Procedure Judge Robert E. Payne Negligence Personal Injury Products Liability U.S. District Court - Eastern District

Because the plaintiff stated a claim against the only defendant to share her citizenship – the substitute trustee that executed foreclosure on her home – the court lacked diversity jurisdiction, and remand to state court was required. Background Plaintiff Norma ...

Tagged with: Banking Civil Procedure Judge Henry E. Hudson Mortgage Real Estate Real Property Tort U.S. District Court - Eastern District

After unsuccessfully requesting a foreseeability instruction to the jury, the plaintiff – attempting to avoid numerous objections during the defense’s closing argument – obtained permission to enter a continuing objection, but failed to object with sufficient specificity as to any ...

Tagged with: Civil Procedure Medical Malpractice Negligence Per Curiam Opinion Personal Injury Supreme Court of Virginia Tort

Notwithstanding a “Final Order” denying nonsuit and ordering removal of the case from the court’s docket, a defendant failed to provide hearing transcripts or any other basis to conclude that the circuit court previously made a final ruling on the ...

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

A victim already entitled to restitution via criminal proceedings could still seek civil damages for the defendant’s abusive sexual contact, though restitution would be offset by the amount awarded. Background All that remains of this employment case is a single, ...

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

Asserting due-process claims after his school disciplined him for cheating, the plaintiff couldn’t use a pseudonym because his potential embarrassment did not outweigh the court’s presumption of openness. Background The plaintiff is a currently a senior at Defendant Virginia Polytechnic ...

Tagged with: Civil Procedure Constitutional Due Process Judge Robert S. Ballou U.S. District Court - Western District