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Tag Archives: Sanctions

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)

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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Defendant’s failure to prepare witness results in second deposition, fees (access required)

Where the transcript showed the defendant’s corporate designee was not prepared to testify about several topics listed in the corporate deposition notice, a second deposition was ordered and defendant has to pay reasonable expenses and attorneys’ fees. Background Willie Henderson ...

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More than $10K in attorneys’ fees for discovery violation (access required)

Where the plaintiff previously prevailed on its motion to compel discovery and its counsel submitted a fee request, the court reviewed hourly rates for attorneys and paralegals with comparable experience and found the request acceptable for the Norfolk legal market. ...

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