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Tag Archives: Civil Practice

EDVA: Motion fees awarded, mostly at associate rate (access required)

The plaintiff was entitled to attorneys’ fees after prevailing on a motion to compel. Because the issues involved were not complex, time spent drafting and arguing was primarily awarded at a reasonable associate rate. Background This matter is before the ...

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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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WDVA: Attorneys sanctioned for bad-faith litigation (access required)

Based on frivolous claims and lack of candor with the court, a charitable bond organization and its individual attorneys will be responsible for a Virginia sheriff’s legal fees in defending those claims. Background Plaintiff Nexus Services Inc. is a charitable ...

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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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