Lack of bad faith dooms sanctions motion
A company which asserted trade secrets claims against three high-level management employees and their new companies, only to drop them after the close of discovery, will not be sanctioned for its...
View ArticleLawyer, client penalized for suing after settlement
A Hanover County judge imposed a $4,000 sanction against the seller of a small business and the seller’s lawyer who settled with the buyer over delinquent payments and then sued again. The dispute...
View ArticleDisbarred lawyer warned about use of ‘JD’ in correspondence
The court explained that the disbarred attorney’s use of the term “JD,” and the related reference to “SLC Associates” as a firm, could be construed as practicing law without a license. Background This...
View ArticleNon-lawyer advocate sanctioned in school case
Where the record showed a non-lawyer advocate made several false statements while assisting parents who claimed a school board did not provide services for their autistic son, the advocate was fined...
View ArticleMore than $10K in attorneys’ fees for discovery violation
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...
View ArticleDefendant’s failure to prepare witness results in second deposition, fees
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...
View ArticleDaily fine imposed for refusal to comply with order
A party that failed to comply with a prior court order was found to be in civil contempt and given five days to come into compliance before a $1,000 daily fine begins to accrue. The moving party is...
View ArticleDiscovery misstep nets $21K in sanctions
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...
View ArticleBorrower sanctioned for frivolous arbitration argument
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...
View ArticleCrime-fraud exception applies where lawyer committed crime or fraud
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...
View ArticleLawyer avoids sanctions after battle with ex-firm
A lawyer penalized last year for his alleged connection to a deceptive corporate registration scheme has been released from a sanctions award of $86,697.50 by a ruling from the Supreme Court of...
View ArticleThough repugnant, comments not threat of violence
Where the defendant’s online comment about the plaintiff’s counsel – that he and unidentified others are “going to have a lot of f—ing fun with her” after she “loses this fraudulent lawsuit” – were...
View ArticleDefault judgment entered as discovery violation
An employee succeeded in having a default judgment entered against the company he sued for violations of the Fair Labor Standards Act because its repeated failure to respond to discovery, even after...
View ArticleDestruction of evidence results in adverse judgment
Where a corporate defendant destroyed evidence after receiving notice of potential litigation, failed to disclose its conduct until confronted by plaintiff’s counsel and then deleted additional files,...
View ArticleDelay in producing documents does not warrant dismissal
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...
View ArticleFacts and documents admitted as sanction for discovery abuse
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,...
View ArticleDealership 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...
View ArticleSenator 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...
View ArticleReference 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,...
View ArticleWillful 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...
View Article