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Tag Archives: Civil Procedure

SCV: Court could not assert limitations defense (access required)

Appellant Gary Pisner filed a complaint against Appellee Mark Conley, asserting breach of a written contract to perform demolition and clean-up work at his property. Pisner sought compensatory damages of $76,000. After the complaint was served and Conley failed to ...

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Bankr: Award reduced for excessive billing, duplicative suits (access required)

A bankruptcy court awarded some fees incurred to recover the debtor’s wrongly garnished wages, but said that counsel should have resolved the issue in the bankruptcy proceeding rather than filing two additional adversary suits. Further, especially in light of quarter-hour ...

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EDVA: Court rejects amended complaint as prolix, imprecise (access required)

In a multi-plaintiff race discrimination suit against a state agency, the court said an attempt to “streamline” the original complaint did just the opposite, finding that plaintiff-by-plaintiff presentation of allegations was repetitive and too many claims relied on “information and ...

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SCV: Expert necessary to support legal malpractice claim (access required)

A plaintiff needed to produce an expert to prove her former attorneys failed to exercise reasonable care, skill, and dispatch. She said counsel had caused her personal injury claim to become time-barred by suing the wrong entity. Background Plaintiff Gigi ...

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WDVA: Exhibits filed publicly won’t be sealed (access required)

A detective seeking to clear his name in connection with several criminal cases presented no countervailing interest to the public right of access to exhibits he had attached to an earlier public filing. The exhibits contained his personal employment records, ...

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4th Cir.: Plaintiffs exhausted chances to cure deficient complaints (access required)

Protracted litigation repeatedly put consumer-plaintiffs on notice that their complaints failed to meet Rule 8 pleading standards, but they never amended their complaints during this time despite having leave to do so. Thus, the district court did not err in ...

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SCV: Post-judgment appearance didn’t waive jurisdiction challenge (access required)

After a landlord obtained a default judgment against a commercial tenant for unpaid rent, the circuit court erred in finding that the guarantor waived any objection to the validity of the default judgment by entering a general appearance during post-judgment ...

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Important Opinions January – June 2018 (access required)

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The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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CAV: Failure to advise of child’s first communion date didn’t merit contempt (access required)

The trial court erred in holding a father in contempt for failing to notify the mother of their child of the date of their son’s first communion. Background Father and Mother, who separated in 2008, are subject to a final ...

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