Civil Procedure

Riggleman v. Clarke

In this putative class action for Eighth Amendment violations, certification is inappropriate. The plaintiff, a Virginia inmate, is not an adequate class representative because his counsel is not adequate to handle this case as a class action. Counsel initially failed… Read More ›

Edmonson v. Eagle Nat’l Bank (P)

In their suit asserting claims under the Real Estate Settlement Procedures Act, the plaintiff-borrowers alleged sufficient facts against the defendant-lenders to merit relief from the one-year limitations period under the tolling doctrine of fraudulent concealment. The district court erred in… Read More ›

Bell v. Brockett (P)

This case involves a defendant class action, a litigation “unicorn.” Here, while the district court failed to follow Federal Rule of Civil Procedure 23 its decision is affirmed due to the unique circumstances of this case. Class counsel was not appointed… Read More ›

Gratz v. Gratz

In this action asserting several business tort claims, the court will exercise specific personal jurisdiction, though not general jurisdiction, over the defendant, who is the plaintiff’s stepmother. In a nutshell, the plaintiff claims that his stepmother intentionally drove a wedge… Read More ›

Spear v. Omary (P)

The juvenile and domestic relations district court had jurisdiction to modify an award of child support where the plaintiff had earlier withdrawn an appeal from the JDR court to the circuit court. The remand happened automatically by operation of law,… Read More ›

Va. Dep’t of Corrs. v. Jordan (P)

The district court properly quashed a subpoena by two Mississippi death-row inmates who, in support of a challenge to their state’s lethal-injection procedures, sought documents and testimony about Virginia’s execution practices. The district court reasonably found that the petitioners didn’t… Read More ›

Z.F. v. Adkins

A middle school student may proceed in this case alleging that the defendant, a deputy sheriff and resource officer at the plaintiff’s school, unlawfully seized his person and seized and searched his cell phone, using excessive force. The student alleges… Read More ›

Guan v. Ran (P)

The court lacks jurisdiction to review an injunction that is not effective due to the movant’s failure to post a bond. Here, the order granting a temporary injunction is part of a complex litigation involving the parties’ divorce and the… Read More ›

Bryant v. Commonwealth (U)

The court of appeals erred in dismissing the defendant-appellant’s appeal of his conviction, following guilty pleas to burglary with intent to rape, murder or rob while armed; malicious wounding; and assault on a person having a protective order against him…. Read More ›

Bush v. Lawrence

The court has jurisdiction to hear the plaintiff’s suit against the trustee of her late husband’s trust. One of the trust defendants’ attorneys is likely to serve as a witness and thus may not serve as an advocate at trial… Read More ›

Dwyer v. Town of Culpeper (P)

In this condemnation proceeding, the appellant did not timely appeal from an order distributing funds held by the circuit court. Contrary to the appellant’s argument, language in the court’s order stating that “the Court shall retain jurisdiction” didn’t render that… Read More ›

Attkisson v. Holder (P)

After three-and-a-half years of protracted preliminary litigation — including multiple amendments to the complaint — the district court properly dismissed the plaintiffs’ claims for alleged illegal intrusions into the plaintiffs’ electronic devices to conduct unlawful surveillance. The complaint alleges that… Read More ›