Friday, January 12, 2007

Outrage of the day

The Virginia Supreme Court upheld sanctions against the defense lawyer who speculatively pled some affirmative defensives in the case of Ford Motor Company v. Benitez.

Even if the main holding is correct, and I would not have gone along with it, the Court should have let this particular lawyer off the hook, as it frequently has done in the past in cases such as Jordan v. Clay's Rest Home, 253 Va. 185, 483 S.E.2d 203 (1997).

The reason is, whether the judges know it or not, every defense lawyer in Virginia has been writing answers this way, since I've been a lawyer. Doesn't every dog get one bite?

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