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Attorney Liability

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4th Circuit Offers Defendants Seeking Federal Jurisdiction Relief Denied by Other Circuit Courts: Remands to State Court Obtained by Fraud Can be Revoked and Attorneys Sanctioned

Last week, the Fourth Circuit Court of Appeals kicked off the holiday by giving thanks for the power to prevent parties from reaping the benefits of fraud perpetrated against the federal courts. The Fourth Circuit decided in Barlow v. Colgate Palmolive Co., et al., No. 13-1839, No. 13-1840, 2014 U.S. App. LEXIS 22324 (4th Cir. … Continue reading

Legislative Update: Congress is Considering the Lawsuit Abuse Reduction Act of 2013 Which Seeks Increased Rule 11 Sanctions for Attorneys Filing Frivolous Lawsuits

            Attorneys practicing under the Federal Rules of Civil Procedure are very familiar with Rule 11, which requires that they sign all papers submitted to a federal court and subjects them to possible sanctions for filing frivolous, harassing or baseless lawsuits and motions.  The U.S. Congress is currently considering the Lawsuit Abuse Reduction Act of … Continue reading

North Carolina Attorneys are on Notice that They Could Be Held Personally Liable for Failing to Reimburse the State Health Plan after Recovering Damages for an Injured Client

            When the law imposes personal liability on an attorney for actions connected with the representation of a client, it is worth noting and bringing to all of our attention.  Under North Carolina law, if a state employee is injured by a third party and recovers damages from the third party, the State Health Plan … Continue reading

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