Where the plaintiffs filed their motion to amend one day after the deadline set by the court, but explained they waited until discovery was complete and after alerting defendants to their intent, the court allowed the amended pleading after finding ...

Tagged with: Civil Practice Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the debt collector’s alleged $75 error in its attempt to collect overdue homeowners association fees was not material, the court dismissed the claim under the Fair Debt Collection Practices Act, or FDCPA. Background Lorranda Arnett brings her complaint against ...

Tagged with: Consumer Protection Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a nuisance claim and several corporate entities were dismissed from a slip-and-fall suit, leaving only the owner of the Kroger’s where the plaintiff allegedly fell when a mat slipped from under him, a negligence cause of action stands because ...

Tagged with: Judge M. Hannah Lauck Negligence U.S. District Court - Eastern District

Where the Virginia plaintiff sued the Illinois insurer for failure to pay insurance benefits, and sought over $142,000 in damages, the suit was properly removed to federal court under diversity jurisdiction and would remain there despite the plaintiff’s post-removal reduction ...

Tagged with: Insurance Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the lending institution demonstrated the plaintiff’s Fair Credit Reporting Act claims were covered by an arbitration agreement signed by the plaintiff, and the plaintiff provided no competent contrary evidence, the court ordered the parties to arbitration and dismissed the ...

Tagged with: Arbitration Judge M. Hannah Lauck U.S. District Court - Eastern District

Where debtors mailed a copy of their modified bankruptcy plan to a creditor’s post office box, but did not mail the plan to the attention of someone authorized to receive service on behalf of the creditor, the creditor was not ...

Tagged with: Bankruptcy Judge M. Hannah Lauck U.S. District Court - Eastern District

The scene is becoming more common. A deal is done, the papers signed and the money is sent. Then comes the terrifying call: The person expecting the money never got it. With increasing frequency, the explanation is that a thief ...

Tagged with: Fraud Judge M. Hannah Lauck

A mother who was arrested for disorderly conduct at her daughter’s school after she criticized a police officer when she observed the officer refusing to allow another mother to escort her child down the hallway could pursue her claims of ...

Tagged with: Civil Rights Judge M. Hannah Lauck U.S. District Court - Eastern District

The attorney of record for the defendant submitted a declaration in support of a transfer motion to Texas in which he averred to the location of documents and witnesses. While the attorney’s testimony did not violate Virginia Rule of Professional ...

Tagged with: Civil Practice Judge M. Hannah Lauck U.S. District Court - Eastern District

An excess carrier forced to defend underlying suits after the primary carrier refused to do so may intervene in a coverage suit against the primary carrier. The excess carrier’s motion to intervene was timely, and its claim that the primary ...

Tagged with: Insurance Judge M. Hannah Lauck U.S. District Court - Eastern District