The EDVA Norfolk Blog

The Return of Corpus Linguistics

Paul, Dustin M. 10/16/2019

On a previous post on the blog, we discussed the increased judicial focus on “corpus linguistics,” the use of searchable databases to find specific examples of how a word is used at a given time.  The idea got additional appellate attention, again, at the instigation of Judge Thapar of the Sixth Circuit. In Wright v…. Read more »

Upcoming CLE—Be the Exception to the Rule: Beyond the Basics of Federal Court Practice

Paul, Dustin M. 10/10/2019

Please consider joining well-respected federal litigator Jim Theuer and (less well-respected) me as we present a 2-hour CLE on advanced issues in federal court practice.  The CLE is sponsored by the NPBA, and registration information is here.  We anticipate the first hour will be dedicated to how to get into and stay out of federal… Read more »

It’s Not Over ‘til it’s Over

Paul, Dustin M. 10/04/2019

A motion to enforce a settlement agreement in the EDVA is a good reminder that until all the paperwork is signed, and the money is in your client’s hand, cases are not necessarily over.  In Brunelle v. Norfolk Southern Railway Co., 2:18-cv-290, the Plaintiff requested the Court reopen the dismissed case and enforce the settlement… Read more »

“I Like Beer”: Non-EDVA Case of the Month

Paul, Dustin M. 10/01/2019

Beer was a more central topic of a recent Supreme Court nomination battle in the Senate than ever before.  One appellate step below the Supreme Court, it was also the central topic of a recent 7th Circuit oral argument and case. Before the Court were questions concerning a preliminary injunction about Bud Light’s “Corn Syrup”… Read more »

You Can’t Win if You Don’t Play

Paul, Dustin M. 09/30/2019

In a terse opinion, Judge Jackson dismissed the claims of the plaintiff in Mortensen v. SeaWorld Parks & Entertainment, LLC, 4:19-cv-00038.  The defendant served discovery on May 15, 2019.  But the plaintiff apparently never communicated with her attorney despite attempts on May 23, May 31, June 1, June 4, June 5, and June 10.  Hearing… Read more »

Service on an Incompetent Man?

Paul, Dustin M. 09/05/2019

Judge Davis entered an interesting ruling, or “non-ruling” as the case may be, on August 8, 2019 in a case captioned Mid-Century Insurance Company v. Thompson,  Civ. No. 2:18cv459.  The Plaintiff was an insurance company subrogated to the interest of Dwight Mills. The suit stems from a fire that the Defendant allegedly  started with a… Read more »

A Proposed Amendment to Rule 7.1 

Paul, Dustin M. 09/03/2019

The Advisory Committee on Civil Rules has released a proposed amendment to Rule 7.1 regarding disclosure statements filed in district courts.  The proposed modification requires parties in diversity cases to file a disclosure statement that “names—and identifies the citizenship of—every individual or entity whose citizenship is attributed to that party at the time the action… Read more »