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Tag Archives: Civil Procedure

Time Expired to Name Tortfeasor’s True Employer as Defendant (access required)

Alleging negligence claims against Defendants Tracey Finley and American Airlines Inc., Plaintiff John W. Parrish III ran out of time to add Finley’s actual employer – not American Airlines, but Envoy Air Inc. – as a defendant to the suit. ...

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Stay Denied, Despite Related Out-of-State Litigation (access required)

Plaintiff Anthony Hawks, a Washington D.C. attorney, seeks to collect legal fees for services provided to Defendant Jeanne Ellen Libit. Libit was involved in a complex trust litigation in Florida, and Hawks represented Libit both in her individual capacity and ...

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Standing – Injury in Fact – Civil Rights – ADA – Access Barriers (access required)

A wheelchair-bound plaintiff adequately alleged an injury-in-fact when he alleged that (1) in the past, he has stopped at the defendant-shopping center and encountered architectural barriers which placed him at risk of physical harm and denied him equal access to ...

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Doctrine of Judicial Estoppel – Affirmative Defense (access required)

Eilber v. Floor Care Specialists Inc. (VLW No. 017-6-097, 6pp.) (Mims, J.) Record No. 161311. Appealed from the Circuit Court of the City of Roanoke. Holding: Where the appellant-debtor filed suit for defamation against the appellees after his employment was ...

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Jurisdiction – Waiver of Sovereign Immunity – Court-Issued Process (access required)

McGhee v. Virginia Department of Motor Vehicles (VLW No. 017-8-109, 7pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17-5454. Holding: Where the plaintiff-uninsured filed a petition appealing a defendant-department of motor vehicle (DMV) hearing officer’s decision and requested formal service on ...

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Fair Credit Reporting Act – Standing – Summary Judgment (access required)

Phillips v. Trans Union LLC (VLW No. 017-3-477, 15 pp.) (Moon, J.) 3:16-cv-00088; W.D. Va. Holding:  Where plaintiff debtor sued defendant loan servicer for providing inaccurate information to a credit reporting agency, in violation of the Fair Credit Reporting Act, ...

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