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 ...

Tagged with: Civil Procedure Contract Domestic Relations Judge Glen E. Conrad U.S. District Court - Western District

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 ...

Tagged with: Civil Procedure Judge David W. Lannetti Negligence Norfolk Circuit Court Personal Injury Tort Virginia Circuit Courts

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 ...

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

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Civil Procedure Contract Corporate International Law Judge Diana Gribbon Motz

This case is set for trial to begin on March 12. Absent a court order or stipulation, disclosures of expert testimony must be made at least 90 days prior to trial. Supplemental expert disclosures must be made at least 30 ...

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

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 ...

Tagged with: Civil Procedure Contract Justice D. Arthur Kelsey Landlord/Tenant Supreme Court of Virginia

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 ...

Tagged with: Business Law Civil Procedure Corporate Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

A personal-injury plaintiff could claim $200,000 in ad damnum even though the circuit court was exercising only its appellate jurisdiction. The court acknowledged contrary precedent from the Supreme Court of Virginia, but sought to avoid retrial in the event of ...

Tagged with: Civil Procedure Judge Dennis M. Martin Norfolk Circuit Court Personal Injury Virginia Circuit Courts

A personal-injury plaintiff could claim $200,000 in ad damnum even though the circuit court was exercising only its appellate jurisdiction. The court acknowledged contrary precedent from the Supreme Court of Virginia, but sought to avoid retrial in the event of ...

Tagged with: Civil Procedure Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Business Law Civil Procedure Contract Judge Diana Gribbon Motz