Where multiple defendants moved to dismiss plaintiffs’ complaint with prejudice, plaintiffs were entitled to voluntarily dismiss their complaint without prejudice because they had never sought that relief before and defendants were not prejudiced by the prospect of a future action. ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

A plaintiff who argued for inclusion of late “supplementation” of its earlier expert disclosure will not be allowed to rely upon the expert’s new opinions, as the “supplementation” was, in reality, untimely new opinions that would prejudice the defendant. Background ...

Tagged with: Evidence Judge Elizabeth K. Dillon U.S. District Court - Western District

The MDL court will decide whether numerous suits brought by Virginia localities against persons and entities they allege are responsible for opiate-related damages will proceed in federal court or state court. Background This opinion is being entered in 12 cases ...

Tagged with: Judge Elizabeth K. Dillon Tort U.S. District Court - Western District

The court allowed an amicus brief from an attorney involved in “various anti-pipeline matters” and a Virginia Tech assistant professor in support of two unrepresented “tree sitters,” because the brief may provide the court with information and perspective in deciding ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

The court held that because the bank, as a mortgagee, did not have a “branch office” within 200 miles of a woman’s home, it was exempt from the requirement to offer or conduct a face-to-face meeting with her before it ...

Tagged with: Banking Judge Elizabeth K. Dillon U.S. District Court - Western District

The court held there were disputed issues of material fact on whether the class representative was the victim of excessive uses of force and regarding the circumstances of his room confinement. Background On Oct. 4, 2017, plaintiff John Doe 1 ...

Tagged with: Civil Rights Judge Elizabeth K. Dillon U.S. District Court - Western District

In a ruling that denied both sides’ motions for summary judgment involving a man’s 25-foot fall while installing a tree step, the court rejected both sides’ efforts to exclude the other’s experts in their entirety but limited the testimony of ...

Tagged with: Judge Elizabeth K. Dillon Products Liability U.S. District Court - Western District

The plaintiff, who alleged he was falsely accused of sexual assault, established the presumption of openness to judicial proceedings was outweighed by other factors, including the sensitive nature of the subject matter and the risk of retaliation to the plaintiff, ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a suit between a company and Wells Fargo is pending in state court, the plaintiff cannot pursue its claims against in federal court as well. Background Property Damage Specialists brought this suit to recover money it alleges it is ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

In a sex trafficking conspiracy trial, the government may introduce threats made by the defendant to victims and others. Background This case is set for a seven-day trial beginning Oct. 15, 2018. At the pretrial conference held on Oct. 9, ...

Tagged with: Criminal Judge Elizabeth K. Dillon U.S. District Court - Western District