Although an individual who was struck by a vehicle in the parking lot of a Sam’s East did not disclose his traffic flow and parking lot design expert by the court’s deadline, the disclosure was not unduly prejudicial because Sam’s ...

Tagged with: Judge Michael F. Urbanski Negligence U.S. District Court - Western District

A law firm suing its former client for unpaid legal services sufficiently alleged diversity jurisdiction by alleging the LLC defendant’s members are natural persons domiciled in Tennessee. Identifying the names of the members was not necessary. Background Gentry Locke Rakes ...

Tagged with: Contract Judge James P. Jones U.S. District Court - Western District

The defendant was entitled to know the identity of the confidential informant who witnessed three controlled drug buys. Although the government argued an undercover officer could corroborate the buys and that it had audio and video of the transactions, these ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

Where a dental equipment manufacturer failed to show the sole shareholder of a dental practice, and not the dental practice now in bankruptcy, purchased and owned the equipment, the extrinsic evidence supported the conclusion the purchaser was most likely the ...

Tagged with: Bankruptcy Judge Glen E. Conrad U.S. District Court - Western District

Although seven months elapsed before the plaintiff moved to amend its complaint to attempt to pierce the corporate veil, it was reasonable to use discovery to identify a factual basis for the claim. The amended complaint was allowed. Background Jared ...

Tagged with: Commercial Judge Joel Hoppe U.S. District Court - Western District

Where an attorney is advising parties on a pro bono basis, involved in pending litigation, he will not have to respond to a subpoena from one of the parties to that same litigation as the subpoenaing party must first show ...

Tagged with: Evidence Judge Glen E. Conrad U.S. District Court - Western District

Where interpretative testimony and expert opinion would likely be required to determine the validity of a final rule issued by the Council on Environmental Quality, or CEQ, and the standing and ripeness issues raised by the defendants could require evidence, ...

Tagged with: Administrative Judge James P. Jones U.S. District Court - Western District

Where the contract dispute brought by former employees could have been filed in the Western District of Virginia, the events largely occurred in the WDVA, which is where the witnesses were located, and there were numerous judicial vacancies in the ...

Tagged with: Contract U.S. District Court - Western District

A former employee’s factual allegations that he was subjected to differing conduct and comments that were tied to his gender-nonconforming behavior and sexual orientation were sufficient to defeat an association’s motion to dismiss those claims. Background This matter is before ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

With elaborate preparations, Virginia courts are holding jury trials again, even in the midst of the pandemic. Henrico County was first, holding jury selection in a two-day drug case on Sept. 15. But Stafford County and the U.S. District Court ...

Tagged with: Coronavirus Henrico County Circuit Court Judge James S. Yoffy Jury trials Stafford County Circuit Court U.S. District Court - Western District