Civil Litigation- Law Blog

McKinney Rule for Removal To Federal Court Rejected by Fourth Circuit

March 25, 2018November 2, 2018 Durrette Bradshaw

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…

Remora Shows Court on Consistent Path

June 25, 2017November 2, 2018 Durrette Bradshaw

In a recent decision by the Virginia Supreme Court, the Court continues to limit the assertion of claims for breach of fiduciary duty. The Court in Remora Investments, LLC v. Orr, 277 Va. 316, 673 S.E. 2d 845 (2009) held that managers have no fiduciary duty to members of an LLC; only to the LLC itself. This appears to be a consistent trend the Court has followed in legal malpractice cases beginning with O’Conner v. Bean, 263 Va. 176, 556 S.E. 2d 741 (2002) determining that an attorney malpractice action…