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 ...

Tagged with: Attorneys Fees Civil Practice Contract Fairfax County Circuit Court Judge Daniel E. Ortiz Mortgage Real Estate Real Property Virginia Circuit Courts

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 ...

Tagged with: Attorneys Fees Civil Practice Class Action Employment Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District Wages

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 ...

Tagged with: Attorneys Fees Civil Practice Civil Procedure Domestic Relations Family Law Judge Robert J. Humphreys Virginia Court of Appeals

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Fees Civil Practice Civil Rights Constitutional Elections Equal Protection Judge Paul V. Niemeyer

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 ...

Tagged with: Attorneys Fees Business Law Civil Practice Intellectual Property Judge Mark Davis Sanctions U.S. District Court - Eastern District

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. ...

Tagged with: Attorneys Bankruptcy Civil Practice Judge Paul M. Black Sanctions U.S. Bankruptcy Court

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 ...

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

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 ...

Tagged with: Civil Practice Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

U.S. v. County of Culpeper (VLW No. 017-3-475, 15 pp.) (Moon, J.) 3:16-civ-00083; W.D. Va. Holding:  The federal government’s action against the defendant county under the Religious Land Use and Institutionalized Persons Act, alleging the discriminatory denial of a sewage ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

A Richmond U.S. District Court denies the Federal Housing Finance Agency’s mo­tion to intervene in this putative class ac­tion alleging Fannie Mae violated the Fair Credit Reporting Act by unlawfully ob­taining plaintiff’s credit report under the false pretense of an ...

Tagged with: Civil Practice Judge Henry E. Hudson U.S. District Court - Eastern District