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Tag Archives: Civil Procedure

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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“John Doe” pleading appropriate pending discovery (access required)

On Plaintiff Kevin S. Johnson’s motion to compel discovery, Defendant Sentara Norfolk General Hospital objected to the disclosure of the name and last known address of Defendant John Doe, on grounds that such information constituted individually identifiable health information protected ...

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Removal contingent on alter-ego issue (access required)

Although a forum-selection clause effectively precluded removal by naming a North Carolina county without a federal courthouse, the court of appeals returned the case to the district court to determine whether the clause bound all defendants. Defendant/Appellant Saber Healthcare Group ...

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