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Tag Archives: Civil Procedure

4th Cir.: Decision reserving judgment was not “final” (access required)

A written decision resulting from the parties’ agreed-upon dispute-resolution process was not a “final” decision under the Federal Arbitration Act because it reserved the decision-maker’s right – without time limitation – to change the decision if its underlying assumptions proved ...

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4th Cir.: Intervenor’s claim to seized cash not plausible (access required)

A man alleging that $200,000 found in a storage unit was his life savings did not have standing to claim it in a civil-forfeiture proceeding, as his financial difficulties contradicted his ability to save such a sum. Background In 2014, ...

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4th Cir.: Service on statutory agent doesn’t start removal clock (access required)

A plaintiff could not keep her lawsuit against her insurance company out of federal court because her service of process on a statutory agent didn’t start the clock for noticing removal to federal court. The court also deemed the company ...

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SCV: Ruling in pending action no basis for res judicata (access required)

A circuit court’s decision was not grounds for res judicata in a separate action, when the earlier matter remained pending on the court’s docket and contained no other language indicating it was a final decision on the merits. Background In ...

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4th Cir.: Intervenor’s claim to seized cash not plausible (access required)

A man alleging that $200,000 found in a storage unit was his life savings did not have standing to claim it in a civil-forfeiture proceeding, as his financial difficulties contradicted his ability to save such a sum. Background In 2014, ...

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CAV: No interlocutory review in Tesla litigation (access required)

The court of appeals lacked jurisdiction to review the order of a circuit court, acting in its appellate capacity, finding that the appellant had standing to litigate the action. Background Appellant Tesla Inc. sought to open a manufacturer-owned dealership in ...

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EDVA: Entry of default attributable to attorney set aside (access required)

The court set aside entry of default against a defendant, where its failure to file a timely response appeared to be due to its attorney’s efforts to reach settlement and where its movement to correct the delay was expeditious and ...

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WDVA: No personal jurisdiction over CA Porsche dealer (access required)

A Virginia buyer could not bring suit in the Commonwealth against a Los Angeles-based Porsche franchise because, although the transaction was within the scope of Virginia’s long-arm statute, the dealer did not purposefully avail itself of the privilege of conducting ...

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SCV: Sanctions order after 21-day period void (access required)

The high court voided a sanctions order entered more than 21 days after the circuit court’s final order granting the defendant’s demurrer and dismissing the complaint. Appellant Timothy M. Barrett filed a complaint against Appellee Valerie Jill Rhudy Minor challenging ...

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“First-to-file” rule won’t reward forum shopping (access required)

A mattress company could not use a first-filed declaratory judgment complaint in Virginia courts to pull its trade-secrets dispute with an Ohio company to Virginia, the court held. Plaintiff MCCOA and Defendant RSS are both mattress retail companies. MCCOA is ...

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