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Tag Archives: Sanctions

Facts and documents admitted as sanction for discovery abuse (access required)

Where a defendant who was sued for injuries during the “Unite the Right” rallies ignored discovery requests and court orders over 18 months, and attorneys’ fees had already been awarded as a sanction, additional sanctions were warranted, including that certain ...

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Delay in producing documents does not warrant dismissal (access required)

Although the plaintiff delayed producing documents related to the medical care she alleges she received as a result of the defendant’s conduct, the delay was caused by factors beyond her control and dismissal of her claims was not warranted as ...

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Crime-fraud exception applies where lawyer committed crime or fraud (access required)

A law firm defendant must produce attorney-client privileged documents because the crime-fraud exception is applicable where the attorney purportedly committed a crime or fraud, there was a prima facie showing he engaged in criminal conduct and the Noerr-Pennington doctrine was ...

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Borrower sanctioned for frivolous arbitration argument (access required)

Where a mortgage borrower’s argument that loan servicing companies tacitly consented to arbitration by their silence was frivolous, and he refused to withdraw a motion to confirm an “arbitration” award after receiving a Rule 11 safe harbor letter, he was sanctioned ...

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Discovery misstep nets $21K in sanctions (access required)

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Despite a “suspicious” omission of unfavorable medical information, a Norfolk judge refused to hobble a medical malpractice case because the plaintiff and his lawyer dragged their feet in supplementing discovery responses. The defendant hospital claimed there was a “blatant abuse ...

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