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Ford Motor Company v. Benitez, 273 Va. 242, 639 S.E.2d 203 (2007)

Case Conclusion Date: 01.12.2007

Practice Area: Appeals

Outcome: Won on appeal in Supreme Court of Virginia (was on brief)

Description: DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY A LAWYER. Held: The trial court did not abuse its discretion in imposing monetary sanctions against an attorney under Code § 8.01-271.1 where, under an objective standard of reasonableness, the attorney had knowledge at the time of signing a pleading, formed after reasonable inquiry, that there was no factual support for several affirmative defenses asserted therein. The trial court's judgment was affirmed. This is a seminal case and one of the more important ones decided by the Virginia Supreme Court for it governs how any lawyer, civil or criminal, is to conduct themselves in the filing of pleadings.

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