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Tag Archives: Attorneys

WDVA: Counsel disqualified for past representation of key witness (access required)

Despite informed consent from both clients, a defendant’s attorney was disqualified from representing her on a drug charge because he had previously represented a material witness for the government. Background In a prior criminal drug prosecution, Defendant Lauren Hoback’s defense ...

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SCV: Expert necessary to support legal malpractice claim (access required)

A plaintiff needed to produce an expert to prove her former attorneys failed to exercise reasonable care, skill, and dispatch. She said counsel had caused her personal injury claim to become time-barred by suing the wrong entity. Background Plaintiff Gigi ...

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WDVA: Oral “settlement” no basis to refuse discovery (access required)

A settlement agreement allegedly procured by the defendant’s “debt negotiator” will not be enforced, and the defendant must produce responsive documents in compliance with the court’s most recent discovery order. Background Plaintiff Innotec LLC sued Defendant Visiontech Sales and its ...

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Va. Cir.: Attorney, but not client, evades sanctions for frivolous suit (access required)

A plaintiff suing for $4.75 million on a groundless defamation claim is liable for a proportion of the defendant’s litigation fees and costs. The plaintiff’s attorney was not subject to sanctions, as she relied on her client’s information until she ...

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EDVA: Disability, equal protection claims against VBBE dismissed (access required)

A law student who was denied testing accommodations by the Virginia Board of Bar Examiners should have sought state-court review. In addition, the Board was immune from the disability claims, and the student failed to state a Fourteenth Amendment claim. ...

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EDVA: Habeas petitioner shows ineffective assistance (access required)

A defendant convicted of second-degree murder, malicious wounding, and two counts of using a firearm in the commission of a felony showed that his trial counsel never conveyed a favorable plea deal that had been offered by the Commonwealth, despite ...

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WDVA: Subpoena for attorney emails, work product quashed (access required)

In a teacher’s pay discrimination suit, emails and salary-comparison documents created by the school board’s attorney were privileged, even if created for pre-litigation settlement discussions. Background Plaintiff Debra Colley worked for Defendant Dickenson County public school system from 2007 until ...

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4th Cir.: Contempt, sanctions for infringement affirmed (access required)

The district court did not err in holding a childcare center in contempt for violating the terms of an injunction related to use of the word “rainbow.” The center was liable for liquidated damages and attorneys’ fees, plus the cost ...

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Bankr.: Company, attorneys sanctioned for bankruptcy scam (access required)

This case involves yet another collision between traditional methods of providing – and policing – legal services to consumers for bankruptcy matters and attempts by attorneys and creative online marketers to tap into that market on a high-volume, multi-jurisdictional basis. ...

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