Section Newsletters

Articles From Nigel Smith

The importance of knowing and following the rules By Nigel Smith Bench and Bar, April 2015 A recent Virginia Supreme Court decision illustrates the danger of not paying the entire filing fee for a civil complaint, and then mailing the missing $2, only to have the check arrive at the court clerk’s office beyond the statute of limitations date, causing a $2.5 million personal injury suit to be dismissed.
The importance of knowing and following the rules By Nigel Smith Civil Practice and Procedure, March 2015 A recent Virginia Supreme Court decision illustrates the danger of not paying the entire filing fee for a civil complaint, and then mailing the missing $2, only to have the check arrive at the court clerk’s office beyond the statute of limitations date, causing a $2.5 million personal injury suit to be dismissed.
Court rejects res judicata but upholds dismissal based on forum non conveniens issues By Nigel Smith Civil Practice and Procedure, February 2015 The issue in Bjorkstam v. MPC Products Corp., was whether plaintiffs were entitled to reinstate their complaint against defendants after the circuit court had originally dismissed it based on forum non conveniens and their refiled Texas suit had then been dismissed with prejudice for lack of proper service.
Labor dispute raises civil practice and privilege issues By Nigel Smith Civil Practice and Procedure, February 2014 A summary of the recent case of Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board, and the procedural steps taken by each of the parties.
Where section 3-1 is applicable to one decedent, courts must apply that section to the estate of all individuals determined to have died simultaneously By Nigel Smith Trusts and Estates, November 2002 As we face uncertain times during which the unwelcome subject of death may invade our collective thoughts more frequently, the question of how courts distribute the property of decedents who die simultaneously may also arise.

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