An Alexandria U.S. District Court remands this case to state court; even though all defendants consented to removal, removal was defective because some defendants were contractually obligated to litigate in state court. The threshold issue in this removed diversity breach ...

Tagged with: Civil Procedure Judge T.S. Ellis III U.S. District Court - Eastern District

A plaintiff who sued Target after her arrest on criminal charges may amend her complaint to correct a misnomer, but a Richmond U.S. District Court denies leave to amend to add as a defendant the Target loss prevention employee who ...

Tagged with: Civil Procedure Judge James R. Spencer U.S. District Court - Eastern District

Plaintiffs, Virginia antique firearms dealers, can sue a Kentucky defendant in Alexandria U.S. District Court, for intentional infliction of emotional distress arising from the dealer’s alleged false reports to other gun dealers and to federal prosecutors in Kentucky about plaintiffs’ ...

Tagged with: Civil Procedure Judge James C. Cacheris U.S. District Court - Eastern District

In this action arising out of an alleged bid-rigging scheme among certain European and American companies with respect to rates charged to the U.S. government for transport of military personnel and their families to and from duty posts in Europe, ...

Tagged with: Civil Procedure Judge Anthony J. Trenga U.S. District Court - Eastern District

The 4th Circuit repudiates the “McKinney” rule as drawn from dicta in a 1992 case, and joins other federal circuit courts to adopt the “last-served” rule which gives each defendant, after service, 30 days to file a notice of removal ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Judge G. Steven Agee

Although the two defendant businesses in these “Chinese drywall” cases are out of business and the houses that allegedly contain defective drywall are in locations outside Norfolk, a Norfolk Circuit Court denies defendants’ motions to transfer venue from Norfolk, and ...

Tagged with: Civil Procedure Judge Mary Jane Hall Norfolk Circuit Court

A district court abused its discretion when it denied plaintiff’s motion to amend his defamation complaint to add a defendant, as plaintiff had not yet amended as of right and defendant had not filed a responsive pleading; the 4th Circuit ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Judge William B. Traxler Jr.

In this suit by H&R Block to prevent Maryland state regulators from enforcing Maryland’s Credit Services Businesses Act against Block, the 4th Circuit says the district court erred by not analyzing, as the first step in its preemption analysis, whether ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Judge Robert B. King

Although a juror stated that owning CSX stock for 30 years would not affect his ability to be impartial in trial of this railroad worker’s FELA case against the railroad, the Virginia Supreme Court says the trial court erred in ...

Tagged with: Civil Procedure Justice Cynthia D. Kinser Supreme Court of Virginia

A litigant in a landlord-tenant dispute who failed to comply with a local circuit court rule that required a court reporter at trial of all civil cases gets a new circuit court trial because the trial court violated both Va. ...

Tagged with: Civil Procedure Justice LeRoy F. Millette Jr. Supreme Court of Virginia