Where an original defendant makes counterclaims naming additional parties as counter-defendants, those additional parties are not entitled to remove the claims against them to federal court even under the permissive standards of the Class Action Fairness Act. Original Plaintiff Citibank, ...

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

Holding that service on an embassy was ineffective under the Foreign Sovereign Immunity Act, the court of appeals vacated judgments against the Republic of Sudan relating to the servicemembers killed aboard the U.S.S. Cole when it was bombed by al ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Judge G. Steven Agee

Where an assignment of error was preserved only by a post-trial motion signed by the party – and not his counsel – the motion was a nullity, and the error was not preserved, the court of appeals held. Appellant Daniel ...

Tagged with: Civil Procedure Judge Randolph A. Beales Virginia Court of Appeals

The Supreme Court held that the as-yet unfiled tax returns of Appellants/Debtors Elizabeth Shifflett and Cassandra Deane were not subject to a writ of fieri facias issued by Appellees/Creditors Latitude Properties Inc. and Shen Valley Band Instrument Service Inc. under ...

Tagged with: Civil Procedure Justice Cleo E. Powell Supreme Court of Virginia

Finding multiple procedural defects, the Supreme Court of Virginia set aside a jury’s verdicts and ordered a new trial of tort claims arising from tenants’ claims of carbon-monoxide (CO) poisoning. Plaintiffs were tenants of an apartment unit operated by Defendant ...

Tagged with: Civil Procedure Justice Lawrence L. Koontz Jr. Supreme Court of Virginia

Alleging negligence claims against Defendants Tracey Finley and American Airlines Inc., Plaintiff John W. Parrish III ran out of time to add Finley’s actual employer – not American Airlines, but Envoy Air Inc. – as a defendant to the suit. ...

Tagged with: Civil Procedure Judge Michelle J. Atkins Norfolk Circuit Court Virginia Circuit Courts

Plaintiff Anthony Hawks, a Washington D.C. attorney, seeks to collect legal fees for services provided to Defendant Jeanne Ellen Libit. Libit was involved in a complex trust litigation in Florida, and Hawks represented Libit both in her individual capacity and ...

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

A wheelchair-bound plaintiff adequately alleged an injury-in-fact when he alleged that (1) in the past, he has stopped at the defendant-shopping center and encountered architectural barriers which placed him at risk of physical harm and denied him equal access to ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Judge Robert B. King

Eilber v. Floor Care Specialists Inc. (VLW No. 017-6-097, 6pp.) (Mims, J.) Record No. 161311. Appealed from the Circuit Court of the City of Roanoke. Holding: Where the appellant-debtor filed suit for defamation against the appellees after his employment was ...

Tagged with: Civil Procedure Justice William C. Mims Supreme Court of Virginia

McGhee v. Virginia Department of Motor Vehicles (VLW No. 017-8-109, 7pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17-5454. Holding: Where the plaintiff-uninsured filed a petition appealing a defendant-department of motor vehicle (DMV) hearing officer’s decision and requested formal service on ...

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