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Libel defendant sanctioned for failing to preserve documents
Where a defendant sued for making allegedly defamatory statements about the plaintiff — a counter-protestor who posted video of the “Unite the Right” rallies in Charlottesville — failed to preserve potentially relevant documents, the plaintiff was entitled to an adverse jury instruction. Background This is a defamation case arising out of the “Unite the Right” […]
Adverse inference warranted for failure to preserve evidence
Where a defendant sued for his alleged role in the “Unite the Right” rally failed to preserve a laptop, two cell phones and three social media accounts, an adverse inference instruction at trial was warranted. Background This matter is before the court on plaintiffs’ renewed request for evidentiary sanctions against Matthew Heimbach. After plaintiffs first […]
No sanctions despite no preservation of documents
Where a defendant had a duty to preserve relevant documents and failed to do so, because there was no evidence he willfully destroyed evidence, no sanctions were imposed. Background In 2018, Ronald Scearce, then a member of the Pittsylvania County Department of Social Services Board and others in the community, waged a public campaign against […]
Ex-school employee barred from filing more suits
Where the record showed the former Richmond city school employee brought several lawsuits intended to harass their targets, she cannot file any more suits against them unless a judge first finds they have merit. Background This matter comes before the court on a motion for sanctions filed by Harman, Claytor, Corrigan & Wellman and Harman […]
Lawyer sanctioned for not pulling libel claim
Where an attorney refused to withdraw his client’s libel complaint despite being told the challenged communication was absolutely privileged, he and his client are liable for the $33,875 in attorneys’ fees. Background On May 5, 2021, the court orally granted defendant Stefan A. Halper’s motion for sanctions, dismissed this suit asserting claims for defamation and […]
Spoliation nets fee award of nearly $97K
Where a software provider in a contract dispute over an agreement to provide services found CarMax allowed potentially relevant information to be wiped from laptops, thus depriving the software provider of discovery, it was awarded $96,975.70 in attorneys’ fees and costs incurred in preparing its successful sanctions motion. Background Plaintiff alleged that defendant wiped clean […]
Spoliation of evidence prompts dismissal
Where an insurer was told that evidence from a fire needed to be preserved so the electrical company could conduct an inspection, but the insurer allowed the premises to be destroyed two months before the claim was made against the electrical company, resulting in prejudice to it, the insurer’s claims were dismissed as a sanction. […]
Divorce lawyer sanctioned for violating stay
A lawyer who sought to keep a divorce case from going dormant after the opposing party filed for bankruptcy has been hit with $6,050 in sanctions by a Richmond bankruptcy judge who concluded the actions of the lawyer and his client were in “flagrant disregard” of the automatic stay. The sanctions ordered by U.S. Bankruptcy […]
Willful noncompliance brings adverse inference
Where a man sued for his alleged role in the “Unite the Right” rallies repeatedly failed to produce relevant information and documents going to the heart of the plaintiffs’ conspiracy claims, his conduct prejudiced the plaintiffs and he demonstrated that he would not obey orders even under threat of civil contempt, arrest and detention, an […]
Reference to mediation in filing not sanctionable
Although the defendant made statements about mediation proceedings in a public filing opposing the plaintiff’s motion for leave to file another amended complaint, because the statements were broad, sufficiently general and referred to information already ascertainable from the public docket, no sanctions were imposed. Background Plaintiffs initiated this action alleging claims under the Real Est[...]
Senator sanctioned as counsel in franchise suit
State Sen. Chap Petersen and his litigation client together have been sanctioned for filing what a judge termed a “speculative” lawsuit over business losses by a franchisee. Retired Circuit Judge Joseph J. Ellis – sitting in Fairfax County – ordered Petersen and his client to pay more than $54,000 in attorneys’ fees to the other […]
Dealership whacked $213K in sanctions
The owner of an Audi dealership in Arlington has been ordered to pay sanctions of $213,196.95 amid accusations of bad faith in its litigation against a former employee. Fairfax County Circuit Judge Dontaè L. Bugg denied a motion to reconsider his ruling in a Dec. 20 order laying out the bases for his sanctions award. […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
