The EDVA Norfolk Blog

Is Denial of a Motion to File a Surreply Really a Denial if the Court Reads it Anyway?

Paul, Dustin M. 10/23/2019 ArticlesLegal AlertThe EDVA Norfolk Blog

Everyone likes to have the last word.  Indeed, often dubbed the “recency effect” there is scientific support that going last may increase persuasion.  But in ordinary motions practice in the EDVA, the movant both goes first and last.  Local Rule 7(f)(1) does allow the non-movant to request leave of court to file a surreply. I… Read more »

The Return of Corpus Linguistics

Paul, Dustin M. 10/16/2019 ArticlesLegal AlertThe EDVA Norfolk Blog

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 ArticlesLegal AlertThe EDVA Norfolk Blog

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 ArticlesLegal AlertThe EDVA Norfolk Blog

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 »

You Can’t Win if You Don’t Play

Paul, Dustin M. 09/30/2019 ArticlesLegal AlertThe EDVA Norfolk Blog

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 ArticlesLegal AlertThe EDVA Norfolk Blog

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 ArticlesLegal AlertThe EDVA Norfolk Blog

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 »