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Tag Archives: Civil Procedure

CAV: Brief appealing “adoption” goal lacks legal authorities (access required)

A mother’s opening brief lacked sufficient principles of law and legal authorities to merit review of the circuit court’s order finding a risk of abuse or neglect and approving the goal of adoption for her child. Background Mother and Father, ...

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CAV: 21-day rule prevented court from harmonizing orders (access required)

The trial court correctly held that, absent some reason why its order articulating a fixed pension annuity could not be enforced, it lacked jurisdiction to amend that order – even if the fixed amount therein didn’t match the percentage share ...

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WDVA: Class jurisdiction extended to non-resident claims (access required)

A recent U.S. Supreme Court case did not require dismissal of putative class claims that might arise from illegal prerecorded calls to class members outside Virginia. While that approach may be logical in the mass-tort context, it is unnecessary in ...

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EDVA: Texas company’s purchase orders established “minimum contacts” (access required)

A out-of-state defendant is subject to the court’s jurisdiction, based on the numerous purchase orders (of large dollar value) that it placed with a Virginia health-care-products company. Background Plaintiff Belmora, a Virginia pharmaceutical company, is suing Defendant Midway Importing Inc. ...

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WDVA: Complaint served 227 days post-filing can proceed (access required)

As amended in 2015, Federal Rule of Civil Procedure 4(m) doesn’t require dismissal of a complaint served late, even with good cause not shown. Here, extending the service deadline better served the interests of justice, since it wouldn’t prejudice the ...

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WDVA: Jury should decide all three of worker’s FMLA claims (access required)

On reconsideration, an auto worker’s FMLA retaliation claim can go to trial after all. Having already found fact issues material to his other claims, the court concluded it would be inconsistent not to send the retaliation claim to the jury ...

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4th Cir.: Coin collectors’ quest to ease import restrictions fails (access required)

A numismatics lobbying group that intentionally imported ancient coins under international trade restrictions was unsuccessful in challenging forfeiture of the coins. Abuse of discretion is the appropriate standard for reviewing lower-court decisions to strike pleadings. Background In 1970, the U.S. ...

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4th Cir.: Substitute judge erred in granting reconsideration (access required)

After the initial trial judge’s retirement, the re-assignment judge erred in reconsidering and effectively reversing a highly fact-dependent decision to recognize the defendants’ immunity from suit. The reconsideration exceeded the bounds of Rule 54. Background Defendants Jason Carpenter, Christopher Small, ...

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WDVA: Court strikes “faux counterclaims” against non-parties (access required)

In trade-secret litigation concerning a disputed international patent for a sugar substitute, a defendant’s attempt to “join” related counter-defendants was procedurally improper under Federal Rule of Civil Procedure 13(h). Background Sugar tastes good. But it’s unhealthy. So companies and scientists ...

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WDVA: Buffet worker’s theft accusations could be defamatory (access required)

A woman and her mother sufficiently alleged defamation by a Golden Corral server, who publicly accused them of hiding food in their purses. But the court dismissed their claim for contract interference on account of their race and also struck ...

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