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Tag Archives: Civil Procedure

WDVA: Court abstains in Chinese bride’s support suit (access required)

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 ...

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Va. Cir.: Interlocutory appeal on immunity issues certified (access required)

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 ...

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WDVA: ADEA claim fails after “sham affidavit” ruling (access required)

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 ...

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4th Cir.: Court could hear U.S. contractor suit against Korea (access required)

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 ...

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SCV: Appellate claims can’t “piggy-back” on others’ notice (access required)

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 ...

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Va. Cir.: Oyer for corporate documents denied (access required)

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 ...

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Va. Cir.: GDC limit no bar to high ad damnum (access required)

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 ...

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Va. Circuit Courts: GDC limit no bar to high ad damnum (access required)

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 ...

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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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