An amended complaint can relate back to the filing date of a name fragment if the plaintiff knew the defendant’s identity but not her name, and if all the statutory requirements of Code § 8.01-6 are met. Background Plaintiff Pam Frazier ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge David A. Oblon Negligence Personal Injury Tort Virginia Circuit Courts

A plaintiff suing the Virginia Department of Corrections cannot offer a pre-taped deposition as testimony, despite his residence and Florida and difficulty staying on topic due to autism. He will be permitted to testify remotely by live video. Background Plaintiff ...

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

A pipeline construction company had no legal right to use an access road on the defendants’ property, and therefore the company did not “possess” the land so as to require just compensation to the owner. Background This matter is before ...

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

The Eastern District’s Local Bankruptcy Rule 3070-1(C), which allows for dismissal without hearing, conflicts with the requirements of 11 U.S.C. § 1307. Background In January 2017, the bankruptcy trustee certified under Local Bankruptcy Rule 3070-1(C) that Debtor-Appellant Sarah No had ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Civil Procedure Due Process Judge Allyson K. Duncan

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. The ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Constitutional Due Process Equal Protection Judge Henry F. Floyd

Farmers held to be working in concert with anonymous people in trees for the purpose of blocking construction of a pipeline, in violation of a prior order of the court, are in contempt of court and subject to fines. Background ...

Tagged with: Civil Procedure Eminent Domain Judge Elizabeth K. Dillon Real Estate Real Property U.S. District Court - Western District

An ADEA class was conditionally certified in a suit asserting that a school system declined to rehire older employees for IT positions. Background Plaintiff Joseph Andreana has been employed with Defendant Virginia Beach City Public Schools for over 28 years, ...

Tagged with: Civil Procedure Civil Rights Class Action Employment Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District

In a case brought by an autistic man for alleged mistreatment in prison, the Virginia Department of Corrections acted in bad faith by failing to adequately prepare organizational witnesses under FRCP 30(b)(6). Background Plaintiff Reginald Latson has moved to compel ...

Tagged with: Attorneys Fees Civil Practice Civil Procedure Discovery Judge James P. Jones Sanctions U.S. District Court - Western District

A general district court’s grant of nolle prosequi was a final order that immediately divested it of jurisdiction. Thus, its subsequent actions of prompting the prosecutor to reconsider nolle prosequi, and then reversing its prior grant, were an abuse of ...

Tagged with: Civil Procedure Constitutional Criminal Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Coles, Red, and Minor Terry were held in contempt of court for interfering with the Mountain Valley Pipeline’s use of easements of which it had been granted immediate possession. Red and Minor were given approximately one day to come down ...

Tagged with: Civil Procedure Eminent Domain Environmental Judge Elizabeth K. Dillon U.S. District Court - Western District