Although the plaintiff’s choice of venue would ordinarily be entitled to great weight, several factors tipped the balance in favor of transfer to California, including the location of the defendant company’s headquarters, the location of key witnesses, and the small ...

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

Under Code § 19.2-306, the circuit court had jurisdiction to hear the case against the appellant when it revoked her “indefinite” probation and ordered her to serve 90 days of her previously suspended sentence. Background Appellant Dorothy Cilwa was convicted ...

Tagged with: Civil Procedure Judge Marla Graff Decker Sentencing Virginia Court of Appeals

This court granted judgment by default against all three Defendants for $85,851, attorney’s fees, and costs. After the Plaintiffs attempted to execute the judgment several times, the Defendants moved to set aside the default judgment on four grounds. The court ...

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

Experts’ calculation and application of statistical significance (p-values) must be relevant, reliable, and not likely to confuse jurors. After plaintiffs’ expert opinions were excluded, their non-expert evidence was not sufficient to survive summary judgment, and the district court appropriately granted ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Evidence Judge Albert Diaz Personal Injury

A company waived the confidentiality of its business information presented at trial. First Amendment principles and the company’s failure to follow Local Rule 5(C) also weighed against sealing the records. Background In this products liability action, a jury trial was ...

Tagged with: Business Law Civil Procedure Constitutional First Amendment Judge Robert E. Payne Public Records U.S. District Court - Eastern District

A petitioner filed her “innocent spouse” tax claim one week late because IRS representatives allegedly misinformed her of the filing deadline, but the U.S. Tax Court had no authority to waive compliance. Background The IRS charged Shari and Derek Nauflett ...

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

The Federal Aviation Administration’s extensions of its own decision deadlines were not equitable justification for untimely filing of a petition to review its ultimate determination. Background The Grand Strand Airport is a public use, general aviation airport located in Horry ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Civil Procedure Per Curiam Opinion

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