Year: 2018

McKinney Rule for Removal To Federal Court Rejected by Fourth Circuit

Durrette Bradshaw
accident law

The Fourth Circuit has now joined the Sixth, Eighth and Eleventh Circuits in adopting a last served defendant rule to govern the timing of filing a petition for removal from state court to federal court in cases involving multiple defendants. The case is Barbour v. International Union, 1:08-cv-01076-AMD, decided on February 4, 2010. The statutory authority for removal to federal court is found in 28 U.S.C. § 1446(b) which states: “The notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by…

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Fourth Circuit affirms enforceability of “pay-when-paid” clause

Durrette Bradshaw

In its February 19 ruling in Universal Concrete Products Corp. v. Turner Const. Co., the Fourth Circuit once again confirmed the well-established Virginia rule that “pay-when-paid” clauses are enforceable in construction agreements in the absence of clear contractual ambiguity. In Universal Concrete, the Subcontractor unsuccessfully argued to the District Court on summary judgment that an ambiguity existed regarding payment by virtue of language in the AIA contract between the Owner and Turner. The District Court disagreed and the Fourth Circuit affirmed. The Fourth Court found that Turner had no obligation…

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