4th Circuit strictly construes removal deadline where multiple defendants are served
February 8th, 2011
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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District of Columbia Court of Appeals Confirms the Need for Plaintiffs to have Traditional Standing
February 3rd, 2011
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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Breach of employment severance contract - plaintiff’s verdict reversed in Virginia
February 2nd, 2011
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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Categories: Virginia
Virginia Supreme Court affirms jury verdict of $200,000 in malicious prosecution case
January 23rd, 2011
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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Categories: Virginia
Virginia Supreme Court reaffirms innocent victim of horseplay doctrine in workers compensation law
January 21st, 2011
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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Virginia Supreme Court reverses $1,750,000 jury verdict due to errors in admitting expert testimony
January 20th, 2011
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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Surety must arbitrate disputes based on contract incorporated by reference in bonds
January 19th, 2011
In Developers Surety and Indemnity Co. v. Resurrection Baptist Church, Case No. RWT 10cv1224 (D. Md. Dec. 1, 2010), the Court held that the surety must arbitrate disputes related to performance bonds where the performance bonds specifically incorporated by reference construction contracts containing an arbitration clause. I…
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No immediate right in D.C. to appeal an order compelling arbitration and staying the lawsuit
January 19th, 2011
In Stuart v. Walker , No. 09-CV-900 (D.C. Oct. 28, 2010), the Court held that a trial court’s order granting a motion to compel fee arbitration and to stay the case, was not a final judgment and therefore, was not immediately appealable. In this case, the plaintiff, who is an attorney, brought suit to recover attorney…
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Fourth Circuit affirms summary judgment on Title VII claims
January 17th, 2011
In Bonds v. Leavitt, No. 09-2179 (4th Cir. Jan. 3, 2011) the Fourth Circuit affirmed the District Court’s award of summary judgment to the defendant employer for three Title VII claims. (Note: the Court reversed the dismissal of the federal whistle blowing statute claims which are not addressed here.) The employment r…
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Categories: Employment Discrimination
Legal and tax malpractice summary judgment reversed by D.C. Court of Appeals
January 15th, 2011
In Pair v. Queen, No. 08-CV-1646 (D.C. Aug. 26, 2010), the Court reversed the trial court’s award of summary judgment to the attorney who allegedly was responsible for a million dollar tax bill from the IRS. The relationship between the Pairs and Mr. Queen broke down after Mr. Queen informed appellants that the Distri…
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