The owner of one unit in a condominium development stated a breach-of-contract claim against the Condominium Council, based on allegations that its Board unilaterally incorporated it into a non-stock corporation. Background According to her pleadings, Appellant Pammalla Uplinger is a ...

Tagged with: Civil Practice Contract Corporate Per Curiam Opinion Supreme Court of Virginia

Attorneys’ “egregious” conduct was designed to, and did, mislead the district court, the 4th Circuit affirmed. They challenged the authenticity of a loan agreement for two years before revealing that they possessed an identical copy, obtained from their client, before ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Fees Banking Civil Practice Contract Judge Allyson K. Duncan Sanctions

Waterfront property owners who brought a groundless claim against their neighbor for working as a state agent to create a special tax district are liable for his attorneys’ fees. Background In this action, the Plaintiffs allege that Defendant Frank Gurdziel ...

Tagged with: Attorneys Fees Civil Practice Constitutional Due Process Judge Robert G. Doumar Municipal Real Estate Real Property U.S. District Court - Eastern District

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 ...

Tagged with: Attorneys Business Law Civil Practice Contract Corporate Corporations Discovery Judge Glen E. Conrad U.S. District Court - Western District

In a case brought by an autistic man for alleged mistreatment in prison, the Virginia Department of Corrections acted in bad faith by failing to adequately prepare organizational witnesses under FRCP 30(b)(6). Background Plaintiff Reginald Latson has moved to compel ...

Tagged with: Attorneys Fees Civil Practice Civil Procedure Discovery Judge James P. Jones Sanctions U.S. District Court - Western District

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 ...

Tagged with: Attorneys Attorneys Fees Civil Practice Judge H. Lee Harrell Montgomery County Circuit Court Sanctions Tort Virginia Circuit Courts

Although the defendant recovered an email advising the plaintiff to destroy relevant evidence, it was not apparent that the plaintiff followed that advice, and the defendant was able to recover most or all electronically-stored information at issue. Background Plaintiff Steves ...

Tagged with: Civil Practice Civil Procedure Evidence Judge Robert E. Payne U.S. District Court - Eastern District

A plaintiff who persistently overwhelmed the court with meritless filings was sanctioned under Rule 11 and banned from filing in the Western District for two years. The court also ruled that violations could incur further sanctions of $300 each. Background ...

Tagged with: Civil Practice Civil Procedure Judge Jackson L. Kiser U.S. District Court - Western District

In addition to the judgment of approximately $750,000 entered against a municipality for failing to reinstate an employee after FMLA leave, the county will also be liable for over $200,000 in pre-judgment interest and attorneys’ fees and costs. Background In ...

Tagged with: Attorneys Fees Civil Practice Employment Judge Raymond A. Jackson U.S. District Court - Eastern District

A Yelp reviewer who successfully defended against defamation claims couldn’t claim attorneys’ fees under Va. Code § 8.01-223.2 because 2017 amendments weren’t retroactive, a Virginia circuit court held. Background Defendant Jeremiah Jones retained Plaintiff Will Nesbitt Realty LLC to assist him in renting a ...

Tagged with: Attorneys Fees Business Law Civil Practice Contract Defamation Fairfax County Circuit Court Judge Randy I. Bellows Tort Virginia Circuit Courts