Court orders record sanction against Charlottesville lawyer

‘Baseless’ suit nets sanction of $50K

By Paul Fletcher
Published: December 21, 2012
Tags: Contract, Fairfax County Circuit Court, Judge Jane Marum Roush, Sanctions

A Fairfax circuit judge has levied sanctions of $50,000 against a lawyer and his client for filing in a frivolous lawsuit based on a relationship gone bad. The plaintiff company filed a suit against a former employee that included claims of breach of fiduciary duty, misappropriation of trade secrets, conversion and breach of contract. The [...]

Litigation pitfalls and pratfalls

By Deborah Elkins
Published: December 10, 2012
Tags: Attorneys Fees, Civil Procedure, Discovery, Employment Discrimination, Fairfax County Circuit Court, Federal Courts, Law Firms, Legal Malpractice, Personal Injury, Real Estate, Richmond Circuit Court, Sanctions, Social Media, Supreme Court of Virginia News, Year in Review

Lawyers can find plenty of ways to stay out of a courtroom. Instead of the hand-to-hand combat of a trial before judge or jury, they can opt for some form of alternative dispute resolution. But the lure of the courtroom stays strong, for a whole class of litigators and for those who just enjoy stories [...]

High court hears record wrongful death appeal

By Deborah Elkins
Published: October 31, 2012
Tags: Albemarle County Circuit Court, Judge Edward Hogshire, Justice Cleo E. Powell, Justice Donald W. Lemons, Million-Dollar Verdicts, Sanctions, Social Media, Supreme Court of Virginia News

A man should not keep a jury award for his wife’s death when he and his lawyer conspired to remove photos from his Facebook page and then lied about it to the court, a defense lawyer told the Supreme Court of Virginia on Oct. 30. Probing for prejudice the defendant might have suffered, several justices [...]

Doctor avoids contempt charge

By Peter Vieth
Published: October 3, 2012
Tags: Fairfax County Circuit Court, Judge Jan L. Brodie, Medical Malpractice, Sanctions, Virginia State Bar

A physician who failed to appear for a deposition has avoided a contempt charge, but lawyers who advised the doctor to stay away have been cited for contempt by a Fairfax Circuit Court judge. In an effort to keep the doctor from having to answer questions about a hospital internal investigation, the hospital’s lawyers told [...]

Case settles, major sanctions award lifted by judge

By Peter Vieth
Published: July 19, 2012
Tags: Judge H. Vincent Conway, Newport News Circuit Court, Sanctions, Workers' Comp

By Peter Vieth A Newport News judge agreed to drop heavy sanctions against a major railroad in a recent employee injury lawsuit after the railroad settled the worker’s claim. The case highlights conflicting public policy issues involved when litigants contend that peace on the battlefield justifies undoing a court-ordered penalty. The judge’s decision reversed a [...]

Sanctions of $272K upheld

By Peter Vieth
Published: January 19, 2012
Tags: Judge Jonathan C. Thacher, Justice Donald W. Lemons, Real Estate, Sanctions, Supreme Court of Virginia

The Supreme Court of Virginia has approved $272,096 in sanctions against a lawyer and his client in a case arising out of a Northern Virginia real estate listing contract. The solo lawyer stung by the decision said the size of the award threatens his legal career. The high court, in Northern Virginia Real Estate Inc. [...]

Sanctions threat means a bigger fee

By Deborah Elkins
Published: January 6, 2012
Tags: Employment, Federal Courts, Judge Dennis Dohnal, Sanctions

An employment lawyer’s persistent threats to seek Rule 11 sanctions against opposing counsel backfired when the lawyer lost the case and had to pay extra attorney’s fees. The judge who awarded fees to the winning Title VII plaintiff said his lawyer had to spend extra time and enlist another lawyer’s help to respond to the [...]

Sanctions for defense lawyer, firm

By Peter Vieth
Published: December 22, 2011
Tags: Employment, Federal Courts, Judge Raymond A. Jackson, Sanctions

A Williamsburg lawyer and her firm have been hit with $6,500 in sanctions for telling a federal judge it was “undisputed” that a car saleswoman had not been sexually harassed, despite the woman’s deposition testimony to the contrary. The order by Norfolk U.S. District Judge Raymond A. Jackson resolves a purported conflict between lawyers for [...]

Looking back on 2011: The year in legal news

By Paul Fletcher and Peter Vieth
Published: December 12, 2011
Tags: Charlottesville Circuit Court, General Assembly, Gov. Bob McDonnell, Judge Edward Hogshire, Judge Thomas D. Horne, Justice Cleo E. Powell, Justice Cynthia D. Kinser, Justice Elizabeth A. McClanahan, Justice Lawrence L. Koontz Jr., Justice S. Bernard Goodwyn, Law Schools, Million-Dollar Verdicts, Sanctions, Supreme Court of Virginia News, Virginia State Bar

The reversal of a 20-year-old noncompete case lead the case news from Virginia Lawyers in 2011. Much of the first half of year featured news from the General Assembly. Officials at the Virginia State Bar sparred with legislators over $5 million that Gov. Bob McDonnell wanted to take. And the Hernandez case – which allowed [...]