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Tag Archives: Civil Procedure

WDVA: Alleged trespass not a taking under FRCP 71.1 (access required)

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 ...

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4th Cir.: Local bankruptcy court rule held invalid (access required)

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 ...

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4th Cir.: Court debtors’ challenge to driving suspension remanded (access required)

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 ...

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WDVA: Landowners helping tree-sitters held in contempt (access required)

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 ...

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EDVA: Age discrimination suit proceeds as class action (access required)

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, ...

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WDVA: VDOC sanctioned for unprepared deponents (access required)

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 ...

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Va. Cir.: Nolle prosequi extinguishes GDC jurisdiction (access required)

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 ...

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WDVA: Tree-sitters in contempt, ordered to come down (access required)

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 ...

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EDVA: Despite damning email, no spoliation sanctions (access required)

Although the defendant recovered an email advising the plaintiff to destroy relevant evidence, it was not apparent that the plaintiff followed that advice, and the defendant was able to recover most or all electronically-stored information at issue. Background Plaintiff Steves ...

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EDVA: Age discrimination suit proceeds as class action (access required)

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, ...

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