A plaintiff who sued for payment for in­formation technology services performed on a theory that defendant had agreed to pay 97 percent of what it owed as part of a set­tlement agreement, only to see his first suit dismissed because ...

Tagged with: Civil Procedure Justice D. Arthur Kelsey Supreme Court of Virginia

In this dispute between two clergymen, each of whom claims to be the Bishop of The Protestant Episcopal Church in the Diocese of South Carolina, the 4th Circuit vacates a district court abstention order and stay of the action pending ...

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

A plaintiff who nonsuited her dental malpractice suit alleging nerve damage from a negligent root canal, but refiled her complaint with additional allegations, survives defendant’s plea in bar with the Alexandria Circuit Court’s application of the “same transaction or occurrence” ...

Tagged with: Alexandria Circuit Court Civil Procedure Judge James C. Clark

On remand of a 4th Circuit’s affirmance of this court’s decision that a tenant breached a 1991 lease by failing to meet extended construction deadlines for a Zoroastrian worship center in Vienna, Virginia, the Alexandria U.S. District Court rejects defendants’ ...

Tagged with: Civil Procedure Judge Liam O'Grady U.S. District Court - Eastern District

In a packing company’s suit against a farming company under the Perishable Agricultural Commodities Act, 7 U.S.C. § 499a-499t, a Roanoke U.S. District Court grants a motion to intervene filed by H & G Members, which is timely and shares ...

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

In the wake of entry of a default judgment against defendant financial services company for violation of the Fair Credit Reporting Act, this case will remain set for a jury trial on damages, a Charlottesville U.S. District Court holds. The ...

Tagged with: Civil Procedure Judge Norman K. Moon U.S. District Court - Western District

In plaintiff ’s ERISA suit claiming defendant plan administrator breached its fiduciary duty by insisting during failed settlement discussions that plaintiff sign a release giving up any right to seek disability insurance coverage or benefits on any future policy issued ...

Tagged with: Civil Procedure Judge Joel Hoppe U.S. District Court - Western District

In a hospital’s bill of costs to collect from a woman who lost her False Claims Act suit involving hospital billing practices, the hospital cannot collect fees for private process servers; the Harrisonburg U.S. District Court awards the hospital $8,445.50 ...

Tagged with: Civil Procedure Judge Michael F. Urbanski U.S. District Court - Western District

In an insurance company’s win on a policy coverage issue, the plaintiff company cannot collect fees for private process servers; although most courts of appeals allow such fees as costs under 28 U.S.C. § 1920, the Charlottesville U.S. District Court ...

Tagged with: Civil Procedure Judge Norman K. Moon U.S. District Court - Western District

In plaintiffs’ suit seeking rescission of a foreclosure sale, defendants timely removed the action after a Virginia state court issued a letter opinion dismissing claims against the non-diverse defendants, but the “voluntary-involuntary rule” bars removal, and the Richmond U.S. District ...

Tagged with: Civil Procedure Judge Robert E. Payne U.S. District Court - Eastern District