Common Sense Limitations on Sanctions Awards Under VA. Code §8.01-271.1

On February 26, 2015, the Supreme Court of Virginia issued a unanimous decision that discussed, and set boundaries upon, sanctions awards under Va. Code §8.01-271.1. In EE Mart F.C., L.L.C. v. Delyon, 2015 Va. LEXIS 20 (Va. 2015), an opinion apparently slated for publication, the Court interpreted Va. Code §8.01-271.1. That statute provides that a court, in certain circumstances, may sanction a party, or counsel, or both, for signing a filed pleading, motion, or other paper. The statute requires that each such document, for a represented party, “shall be signed by at least one attorney of record in his individual name.” Unrepresented parties must sign such documents themselves. The statute a

The Perilous Relationship Between Civil Filing Fees and the Expiration of a Statutory Limitations Pe

A recent unpublished order of the Supreme Court of Virginia explored the relationship between payment of required civil filing fees and the running of the statute of limitations. The result of the appeal underscores the complexity of Virginia civil procedure. It also highlights the potential high cost of a procedural mis-step, no matter how slight. In Landini v. Bil-Jax, Inc., Record No. 140591 (January 30, 2015), the Supreme Court ruled that the Powhatan County Circuit Court (“trial court”) did not err in dismissing with prejudice a personal injury action. In the trial court, the plaintiff sued the alleged tortfeasors responsible for injuring him during the performance of his duties as an

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Mr. Thomas serves appellate clients from throughout the Commonwealth of Virginia in Virginia's appellate tribunals, the State Corporation Commission, and the U.S. Court of Appeals for the Fourth Circuit. 

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