Repeater
Regular Member
The RTD has the scoop - this was done at the request of the AG's office:
If Herring is behind this, why would he do this?
I had hoped the ABC would settle; they clearly are in the wrong and materially harmed Daly, in my opinion.
However, it looks like the ABC might attempt Summary Judgement. That would be bad.
A $40 million lawsuit filed by a University of Virginia student charged with assaulting ABC agents who mistook sparkling water for beer has been transferred to federal court.
Elizabeth K. Daly filed the suit in Richmond Circuit Court last month, but earlier this week the Virginia Attorney General’s Office had the case transferred to U.S. District Court in Richmond, where it has been assigned to Judge Henry E. Hudson.
Michael Kelly, a spokesman for the Attorney General’s Office, said, “The suit involves federal questions that the Attorney General’s Office believes would best be handled by federal courts.”
If Herring is behind this, why would he do this?
L. Steven Emmert, a Virginia Beach lawyer, said that in general, there are several other reasons why defendants may move a case from state to federal court.
One is speed — federal courts tend to be faster and defendants with more lawyers and legal support may see an advantage over plaintiffs with fewer lawyers who must perform more work in less time.
Also, in state court, summary judgment motions — ones requesting suits be tossed out prior to trial — are not a preferred resolution of a case, while in federal court, judges effectively test the sufficiency of the plaintiff’s case before it ever gets to a jury, Emmert said.
Finally, he said, a jury drawn only from Richmond may be considered more liberal, based on demographics, than a federal jury for which jurors could be drawn from more conservative jurisdictions and therefore be more inclined to favor those being sued..
I had hoped the ABC would settle; they clearly are in the wrong and materially harmed Daly, in my opinion.
However, it looks like the ABC might attempt Summary Judgement. That would be bad.