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Tag Archives: Civil Practice

Va. Cir.: Voluntary payment defeats fee challenge (access required)

A borrower who paid what she considered unreasonable attorneys’ fees to her noteholder, in anticipation of her impending sale of the property securing the note, could not recover fees she had paid voluntarily. To the extent the borrower argued that ...

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EDVA: FLSA plaintiffs win nearly $700,000 in fees, costs (access required)

After approving a settlement of $285,000 for the Plaintiffs’ wage claims, a federal court also awarded about 80 percent of their requested fees, noting that the Defendant fought every issue “to its last breath.” Background This is a Fair Labor ...

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Va. Ct. App.: Bifurcated divorce decree was final (access required)

The court of appeals could review a divorce decree that the circuit court had bifurcated from ongoing litigation of spousal support, equitable distribution, and attorneys’ fees due to the 90-year-old husband’s failing health. Background After 54 years of marriage, Husband ...

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4th Cir.: Appellate fee-shifting reversed in gerrymander case (access required)

Following a 2012 challenge to Virginia’s district lines, U.S. Congress members who intervened and drove extensive appellate litigation were not liable for any of the prevailing plaintiffs’ $1.35 million in attorneys’ fees. Appellate fees also were not shifted to the ...

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EDVA: No (further) fees awarded in bitter patent fight (access required)

Following contentious patent litigation, the court declined to award attorneys’ fees requested on grounds that the patent owner’s claims and litigation conduct were exceptionally unreasonable. Background Plaintiff CertusView Technologies LLC holds five related patents related to its “e-Sketch” technology, which ...

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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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EDVA: Entry of default attributable to attorney set aside (access required)

The court set aside entry of default against a defendant, where its failure to file a timely response appeared to be due to its attorney’s efforts to reach settlement and where its movement to correct the delay was expeditious and ...

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Motion for Default Judgment – Filing of a Late Answer – Good Cause (access required)

Henson v. DDG II, Inc. (VLW No. 017-8-107, 10pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17007123-00. Holding: Where the defendant-owner filed a notice of hearing the day before a scheduled default judgment hearing but failed to file a related motion ...

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