Civil Procedure

May 29, 2013

Patent Suit Barred by Prior Judgment

A Richmond U.S. District Court grants judgment on the pleadings to defendant parking company in this suit by plaintiff software company attempting to enforce its ‘662 patent, a system that transforms data from one computer system into another format for use by a different computer system; under the doctrine of collateral estoppel, the present suit […]

May 22, 2013

No Jurisdiction from Securities Counterclaims

Plaintiff company’s suit against former employees and a competitor alleging conspiracy to misappropriate trade secrets is remanded back to state court by the Richmond U.S. District Court; language in the two federal securities statutes cited in defendants’ counterclaims does not trump the well-pleaded complaint rule that requires the court to look only to plaintiff’s complaint […]

May 22, 2013

New Defendant Added in Elevator-Drop Case

In this negligence action filed by a woman who was injured when she stepped into an elevator on the 12th floor of the tower at One Commerce Place in Norfolk and the elevator suddenly and violently dropped a number of floors, a Norfolk U.S. District Court will allow amendment of her complaint to substitute as […]

May 15, 2013

Contaminated Steroid Cases Go Back to State Court

A Roanoke U.S. District Court remands to state court multiple suits against defendant physicians, a corporation and a pain-management clinic alleging defendants acted negligently, fraudulently and in violation of the Virginia Consumer Protection Act by obtaining a contaminated injectable steroid from the New England Compounding Center and administering it to patients who contracted fungal meningit[...]

May 15, 2013

Contaminated Steroid Case Remanded to State Court

A Roanoke U.S. District Court remands to state court an estate’s suit against defendant physicians, a corporation and a pain-management clinic alleging defendants acted negligently, fraudulently and in violation of the Virginia Consumer Protection Act by obtaining a contaminated injectable steroid from the New England Compounding Center and administering it to decedent, who died from […]

May 10, 2013

Rule changes would deal with discovery

Lawyers are concerned that discovery is getting out of hand. The masses of data that are part of everyday operations in modern organizations are generating ever-more complicated discovery demands, even in simple cases. Responding to concern from litigators nationwide, the U.S. Courts’ Advisory Committee on Rules of Civil Procedure recently approved proposed changes to several […]

May 8, 2013

Wrongful Death Suit Remanded

A Big Stone Gap U.S. District Court remands to state court plaintiff administrator’s wrongful death suit against a health and rehabilitation center. Because plaintiff is a citizen of Virginia, it is now clear that there is no longer complete diversity between plaintiff and each defendant in this case and thus this court no longer has […]

May 8, 2013

Suit to Invalidate Trust OK in Federal Court

An Alexandria U.S. District Court says the probate exception to federal court jurisdiction does not apply to a suit that seeks to invalidate an inter vivos trust, and it denies plaintiff’s motion to remand this suit back to a Virginia state court. Col. William P. Oliver Jr., U.S. Marine Corps (Ret.), created the William P. […]

May 8, 2013

Fees Awarded in Suit to Enforce Settlement

In this suit to enforce the parties’ settlement of alleged breaches of an agreement between a Virginia business and a German corporation, the Alexandria U.S. District Court, on remand from the 4th Circuit, awards defendant, as prevailing party, $893,771.64 in attorney’s fees and $55,249.76 in costs. The parties’ 2008 settlement agreement provided that in the […]

May 8, 2013

Fees Reduced for Duplicate Work

In the wake of defendant AOL’s $5 million offer to settle class claims by AOL members who allege defendant violated electronic privacy laws by releasing for download 20 million search queries conducted by people using over 600,000 AOL screen names, the Alexandria U.S. District Court declines to award fees in the amount requested by class […]

May 7, 2013

Pakistani Forum Not Convenient for Hotel Explosion Suit

The family of a former naval commander who worked as a private security contractor and who was killed in a 2008 terrorist bombing at the Marriott Hotel in Islamabad, Pakistan, is entitled to heightened deference to their decision to sue Marriott in a Maryland federal court instead of a Pakistani court, and because the district […]

May 7, 2013

No Jurisdiction from Internet Pharmacy Sales

Defendant foreign banks cannot be sued in a Virginia federal district court for an alleged global cyber-crime conspiracy to collect funds from the sale of illegal counterfeit prescription drugs over the Internet to American consumers; the 4th Circuit affirms dismissal of this suit for injunctive relief for lack of personal jurisdiction over the foreign banks. […]

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