News & Events
Antoinette Morgan & Lakai Vinson Serve as Co-Directors of Oliver Hill/Samuel Tucker Prelaw Institute
Antoinette Morgan and Lakai Vinson are serving as Co-Directors of the 2010 Oliver Hill/Samuel Tucker Prelaw Institute. The Institute targets a diverse group of students, seeking to attract minority high school students who would not normally have access to positive interactions with members of the Virginia State Bar. From July 18-23, 2010, Institute participants are introduced to the legal profession by living on a college campus and attending a number of mock classes and seminars on career opportunities in the law, test-taking strategies and the college admission process. Students meet with law school professors, judges, practitioners, guest lecturers and state and local bar association members. The Institute will culminate in a mock trial and graduation banquet, where the renowned David Baugh will be the featured speaker.
Lawrence A. “Lex” Dunn appointed to a Virginia State Bar Special Committee
Lawrence A. “Lex” Dunn was recently appointed to the Virginia State Bar Special Committee on Lawyer Malpractice Insurance. The committee’s core responsibility is to monitor the performance of the endorsed malpractice insurance carrier as well as to assist in educational opportunities for the bar.
Lawrence A. “Lex” Dunn and Steve Kovatis obtain Summary Judgment for Restaurant
A federal court in Charlottesville granted summary judgment and dismissed a “trip and fall” case against a business operating a restaurant. The plaintiff tripped and fell over a concrete wheel block located in the parking lot of the restaurant. The district court, in its memorandum opinion, found the allegedly unsafe condition to be open and obvious and dismissed the case. 2010 WL 2218053. Mr. Dunn regularly defends businesses for premises liability cases in both the state court system and the federal court system throughout the Commonwealth of Virginia.
Michael R. Ward Obtains Summary Judgment for Sheriff
A federal court in Richmond granted summary judgment and dismissed a Title VII lawsuit against a Sheriff. Mike Ward represented the Sheriff in Koger v. Woody, 2010 WL 331759 (E.D. Va. Jan. 26, 2010). The plaintiff, a former employee, claimed that she was subjected to improper retaliation over a 17 month period, culminating in her termination. The district court, in a lengthy opinion, rejected her claims and dismissed the case. It is currently on appeal. Mr. Ward regularly defends constitutional officers, local governments, and their employees.
Lawrence A. Dunn successfully asserts the defense of charitable immunity for the Salvation Army
A judge in the Norfolk Circuit Court recently sustained a plea of charitable immunity for the Salvation Army and its driver/employee. Lawrence A. “Lex” Dunn represented the Salvation Army and its employee. A passenger in a van, which was operated by the Salvation Army, filed a complaint against the Salvation Army and its driver for injuries she sustained in an accident while being transported in the van to church activities run by the Salvation Army. Pursuant to Virginia Code section 38.2-2206(F), the Salvation Army and its driver/employee will continue on as named defendants; however, if any judgment is entered for the plaintiff, it will be entered against “Immune Defendants” and collectable only from any available uninsured motorist carrier insurance. Therefore, the Salvation Army is “immune” from any financial responsibility for any verdict entered in the case.
Michael Ward Gets Favorable Result in Fourth Circuit
The Fourth Circuit recently affirmed summary judgment for a mortgage lender in a Truth in Lending Act (“TILA”) matter. Michael Ward represented the mortgage lender in the Fourth Circuit and the District Court. The prospective borrowers claimed that TILA entitled them to a full refund of their application fee for a refinancing. The district court held that TILA’s rescission rights did not arise under the facts of the case and dismissed the lawsuit. The Fourth Circuit affirmed in a written opinion. Weintraub v. Quicken Loans, Inc., ___F.3d ___, 2010 WL 398124 (4th Cir. 2010). Mr. Ward has an active commercial litigation practice, and he regularly represents financial institutions involved in disputes with consumers.
Fourth Circuit Adopts Last-Served Defendant Rule
Fourth Circuit Adopts Last-Served Defendant Rule
By: Joseph M. Moore & Antoinette N. Morgan
In February 2010, the Fourth Circuit Court of Appeals overturned the long-standing rule that in cases involving multiple defendants, the 30-day period for removal under 28 U.S.C. §1446(b) begins to run as soon as the first defendant is served. Barbour v. International Union, No. 1:08-cv-01076 (4th Circuit Court of Appeals, Feb. 4, 2010). Under this rule, termed the “first-served defendant rule,” the 30-day period would begin to run as against all defendants when the first defendant was served, regardless of when the other defendants were served. McKinney v. Bd. of Tr. of Maryland Cmty. Coll, 955 F.2d 924 (4th Cir. 1992). This meant that defendants who were served more than 30 days after the first defendant would have no right to removal if the first defendant did not remove the case. The first-served defendant rule had been articulated in dicta in the McKinney decision and there was confusion within the Fourth Circuit regarding whether the rule was controlling. The Court’s decision in Barbour made it clear that the first-served defendant rule was no longer good law in the Fourth Circuit.
Barbour involved multiple defendants who were served with process at different times. The first defendant did not file a notice of removal within 30 days after it was served, but instead, joined in the second defendant’s notice of removal, which was filed within 30 days of the date the second defendant was served. The district court refused to apply the first-served defendant rule and instead, held that the notice of removal was timely. In making its decision, the district court stated that its decision presented an excellent opportunity for the Fourth Circuit to clarify whether the dicta in McKinney was controlling.
The Fourth Circuit did clarify the law by holding that McKinney’s first-served defendant rule was non-binding dicta and therefore, was not controlling. The Court instead adopted the last-served defendant rule, which states that in cases involving multiple defendants, each defendant, once served with formal process, has 30 days to file a notice of removal under 28 U.S.C. §1446(b) and earlier defendants may join in such notice regardless of whether they had previously filed a notice of removal. The Court determined that the last-served defendant rule more closely matched Congress’ equitable intent in enacting 28 U.S.C. §1446, since the last-served defendant rule did not put subsequently served defendants at the mercy of previously served defendants. The Fourth Circuit joins the Sixth, Eighth and Eleventh Circuits in its adoption of the last-served defendant rule.
A copy of the opinion can be found at: http://pacer.ca4.uscourts.gov/dailyopinions/opinion.pdf/081740.P.pdf.
Joseph M. Moore is a partner at Morris & Morris. His practice focuses on civil litigation matters, including premises liability, trucking law, and personal injury. Mr. Moore can be reached at .
Antoinette N. Morgan is an associate at Morris & Morris. Her practice focuses on civil litigation matters, including premises liability, wrongful death and personal injury. Ms. Morgan can be reached at
Matthew D. Green to present at “Settling Uninsured and Underinsured Motorist Claims” Seminar
Matthew D. Green will present a seminar to provide legal and practical advice to successfully settle uninsured as well as underinsured motorist claims for attorneys practicing in insurance and personal injury litigation. The seminar will take place in Norfolk, Virginia on March 23, 2010 and in Richmond, Virginia on March 24, 2010. For more information call 1-800-930-6182 or visit http://www.nbi-sems.com.
D. Cameron Beck, Jr. named as Virginia Business Magazine’s Legal Elite
D. Cameron Beck, Jr. has been named to Virginia Business Magazine’s Legal Elite for 2009.Mr. Beck has an active litigation practice in both Federal and Virginia State Courts. He primarily devotes his practice to trucking defense, retail and products liability and commercial disputes.
James W. Morris, III named 2010 Products Liability Lawyer of the Year
James W. Morris, III has been named by Best Lawyers as the 2010 Richmond Products Liability Lawyer of the Year. Only a single lawyer in each specialty in each community is named “Lawyer of the Year.”
Morris & Morris Welcomes Antoinette N. Morgan
Antoinette Morgan, a 2006 graduate of the T.C. Williams School of Law and Vice-President of the Hill-Tucker Bar Association, has joined the firm as an associate. Her practice will focus on retail liability, civil rights disputes, and transportation litigation.
Christopher Jones receives a favorable jury verdict
Christopher Jones recently received a favorable jury verdict in personal injury case in which liability was admitted and damages were contested. The jury rendered a verdict less than the amount of the final pretrial offer. Mr. Jones has an active civil litigation practice with a focus on matters involving personal injury, wrongful death and products liability.
Lex Dunn Obtains Summary Judgment
Lawrence A. “Lex” Dunn recently obtained summary judgment for a life insurance carrier in an action brought by a beneficiary for failure to pay benefits on a life insurance policy. The lawsuit was originally filed in a State Court and was removed to Federal Court. The insurance company denied the beneficiary’s claim based on a material misrepresentation in the application which prompted the insurance company to rescind the policy. Mr. Dunn has an active litigation practice in both Federal and Virginia State Courts. He regularly represents insurance companies involved in disputes with coverage involving many different types of products in the property and casualty context, as well as life, health, accident and disability products.
Grant Kronenberg Obtains Dismissal of Lawsuit
Grant Kronenberg, serving as local counsel for a credit reporting agency, obtained dismissal of a lawsuit in federal court pursuant to Federal Rule of Civil Procedure 12(b)(6). The plaintiff sought damages under the Fair Credit Reporting Act. The district court found that the pro se plaintiff failed to meet the pleading requirements and dismissed the lawsuit without prejudice.
Matthew D. Green is recognized as one of the states Outstanding Young Lawyers by Richmond Magazine
Matthew D. Green is recognized as one of the states Outstanding Young Lawyers by Richmond Magazine’s Super Lawyers & Rising Star Section for 2009.
Morris & Morris Partners Attend ALFA International 2009 Transportation Seminar
D. Cameron “Cam” Beck, Jr. and Matthew Green will attend the ALFA International 2009 Transportation Seminar this month in San Diego, California.
Morris & Morris Participates in 3rd Annual Legal Food Frenzy
Morris & Morris recently participated in the 3rd Annual Legal Food Frenzy sponsored by the Virginia Bar Association and benefiting the Federation of Virginia Food Banks. This year, the Legal Food Frenzy raised the equivalent of more than 1.6 million pounds of food for the hungry.
Morris & Morris attorneys recognized by Virginia Super Lawyers and Rising Stars
Morris & Morris attorneys recognized by Virginia Super Lawyers and Rising Stars with James W. Morris highlighted on the cover of the 2008 edition.
http://superlawyers.com/virginia/.
Cost-Free Continuing Education Seminar Presented by Lawrence A. “Lex” Dunn & Joseph M. Moore
Joseph M. Moore and Lawrence A. “Lex” Dunn recently presented a Continuing Education seminar on Virginia law to a national third-party administrator located in Florida. For more information about this seminar or to inquire about presenting a cost-free continuing education seminar, whether in Florida or elsewhere, please contact Mary Peterson at .
Joseph M. Moore and Lawrence A. “Lex” Dunn have been certified by the State of Florida.
Joseph M. Moore and Lawrence A. “Lex” Dunn have been certified by the State of Florida to instruct continuing education courses for adjusters in all three categories: law and policy, ethics and optional. In addition, the State of Florida has approved the Morris & Morris seminar entitled “Comparison of Florida and Virginia Law” for CE credit of one hour in the law and policy category.