Civil Procedure

Fitzgibbon v. Radack

In this suit for malicious prosecution and defamation, transfer to the District of Columbia, where the defendant allegedly falsely accused the plaintiff of sexual assault, is not justified. While the plaintiff’s choice of forum carries less weight than usual because… Read More ›

Harris v. Edem

A defendant who has received a discharge in bankruptcy does not become a nominal party for purposes of diversity and removal jurisdiction. In this personal injury suit, both parties are citizens of Virginia. The defendants maintain that, by virtue of… Read More ›

Bates v. Purdon

Where mediation was a condition precedent to filing suit, an action was improper when the parties didn’t engage in mediation and the defendants didn’t waive their right to enforce it. Here, the plaintiffs suggested mediation and the defendants didn’t respond…. Read More ›

Damtew v. Jeng

A defendant could not appeal from an adverse auto crash judgment in the general district court because he failed to post bond or prove indemnity by his insurer. To qualify for the bond exception under Code §16.1-107, the defendant had… Read More ›