Steve Schwinn, Esq., a partner in the firm, organized the first annual CLM Group admission to the Supreme Court of the United States in May 2011. During the course of this event, Chief Justice John Roberts granted the motion of James F. Jordan, Esq., one of the founding partners of the firm and presently Of Counsel, to admi…
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The most recent issue of Jordan Coyne & Savits, L.L.P.’s newsletter is available here.
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Trial lawyers in the Washington, D.C. metropolitan area soon realize that almost every case can require discovery across jurisdictional boundaries. For cases where there is diversity or federal question jurisdiction, removal to federal court makes discovery easier. But when removal is not an option, the Uniform Interstate D…
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It is well-settled that courts will enforce “business enterprise” exclusions, sometimes also called “business pursuit” exclusions, in lawyers professional liability policies. The general approach taken has been to apply the plain meaning of the terms of the exclusions, with reference both to the reas…
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The procedure for removal of a state law claim to federal court is usually simple. After the defendant is served with the complaint, she has 30 days to file a notice of removal, or the case remains in state court. 28 USC sec. 1446. But what if there are multiple defendants who are served with the complaint on different days…
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The District of Columbia’s Consumer Protection Procedures Act (“CPPA”), primarily codified at D.C. Code sec. 28-3904 and sec. 28-3905, provides for sweeping protection against any trade practice deemed “unlawful” in the District of Columbia. The CPPA provides a wide variety of remedies, includi…
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In Isle of Wight County v. Nogiec and Small v. Nogiec, Nos. 091693 and 091731 respectfully (Va. Jan. 13, 2011), the Court reversed an award for breach of contract against the County and considered whether statements given to the County’s Board of Supervisors were entitled to absolute privilege. The Plaintiff, after be…
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In O’Connor v. Tice, No. 091941 (Va. Jan. 13, 2011), the Court affirmed a jury verdict for malicious prosecution. The jury awarded $200,000 for malicious prosecution over a dispute concerning about $2300. The plaintiff was a contractor who had been hired to paint a commercial building, and was paid an advance of about…
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In Simms v. Ruby Tuesday, Inc., No. 091762 (Va. Jan. 13, 2011), the Court considered the issue whether the actual risk test analysis articulated in Hilton v. Martin materially changed the “innocent victim of horseplay” doctrine under Virginia’s workers compensation law. After reviewing the history and poli…
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In CNH America, LLC v. Smith, No. 091991 (Va. Jan. 13, 2011), the Court reversed a jury verdict of $1,750,000 in a product defect case, on the grounds that the plaintiff’s expert testimony was not based on an adequate foundation. The Court remanded the case for a full retrial on the merits. The plaintiff had been inju…
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