Because the Eastern District of Virginia has previously recognized a cause of action for breach of fiduciary duty against a substitute trustee, the defendant was not fraudulently joined in the lawsuit. In addition, the defendant could not establish subject matter ...

Tagged with: Civil Procedure Judge M. Hannah Lauck U.S. District Court - Eastern District

An insured sued its insurer for conversion, breach of the covenant of good faith and fair dealing, fraud, and intentional misrepresentation, all arising out of the insurer’s refusal to pay the claim under the policy. Because each particular tortious breach ...

Tagged with: Civil Procedure Judge James P. Jones U.S. District Court - Western District

Because a homeowner and a mortgage company in a breach of fiduciary duty action are both citizens of Virginia, the federal court found no complete diversity between the parties and remanded the case to state court. Background Plaintiff alleges that ...

Tagged with: Civil Procedure Judge Henry E. Hudson U.S. District Court - Eastern District

The actions of 28 Chinese entities selling counterfeit goods on the internet did not arise out of the same transaction or occurrence, and they must be severed into individual suits. Background The Defendants, 28 unrelated individuals and entities located in the People’s ...

Tagged with: Civil Procedure Judge T.S. Ellis III U.S. District Court - Eastern District

Defendants who asked the court to dismiss the case against them for lack of subject-matter jurisdiction had no basis to appeal the court’s denial without prejudice. The court had denied the motion on procedural grounds and ordered jurisdictional discovery to ...

Tagged with: Civil Procedure Judge M. Hannah Lauck U.S. District Court - Eastern District

The actions of 28 Chinese entities selling counterfeit goods on the internet did not arise out of the same transaction or occurrence, and they must be severed into individual suits. Background The Defendants, 28 unrelated individuals and entities located in the People’s ...

Tagged with: Civil Procedure Judge T.S. Ellis III U.S. District Court - Eastern District

Defendants who asked the court to dismiss the case against them for lack of subject-matter jurisdiction had no basis to appeal the court’s denial without prejudice. The court had denied the motion on procedural grounds and ordered jurisdictional discovery to ...

Tagged with: Civil Procedure Judge M. Hannah Lauck U.S. District Court - Eastern District

One of two defendants appealing a $24,000 judgment against them cannot add the other defendant to the appeal. General district court judgments are final as to parties who note no appeal. Background In 2016, Denise Johnson rear-ended Defendant Milford Smith, ...

Tagged with: Civil Procedure Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

The court lacks jurisdiction to consider this administrative appeal. The City of Norfolk, the petitioner, was not a named party in the agency’s adjudication and submitted no public comments. Thus, it was not entitled to service of the final decision ...

Tagged with: Civil Procedure Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

Holding that “unclean hands” is not a defense to equitable relief in antitrust, the court excluded the defendant’s evidence that the plaintiff misappropriated its trade secrets, finding such evidence not probative under Federal Rule of Evidence 402. Background Plaintiff Steves ...

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