Legal Alert

STATUTES, STATUES, AND MUNICIPAL CONSTITUTIONAL RIGHTS (Part 2)

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10/18/2019Paul, Dustin M.

We previously discussed the suit in the EDVA brought by the City of Norfolk against the Commonwealth of Virginia to try and remove the civil war monument in downtown Norfolk.  Service has been waived, and we can now expect responsive pleadings on October 22, 2019.  Then we will see whether the state challenges the right… Read more »

The Return of Corpus Linguistics

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10/16/2019Paul, Dustin M.

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 »

It’s Not Over ‘til it’s Over

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10/04/2019Paul, Dustin M.

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

beer case 7th circuit

10/01/2019Paul, Dustin M.

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

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09/30/2019Paul, Dustin M.

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?

EDVA

09/05/2019Paul, Dustin M.

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 

EDVA

09/03/2019Paul, Dustin M.

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 »

Statutes, Statues, and Municipal Constitutional Rights, Oh My.

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08/23/2019Paul, Dustin M.

The EDVA made the national news this week with a story that the City of Norfolk has sued the Commonwealth of Virginia in the district seeking a declaratory judgment that it could move a statue in downtown Norfolk commemorating the efforts of the Confederacy during the Civil War.  A copy of the Complaint is here…. Read more »