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Attorneys are Gatekeepers

Litigation By Binnall Law Group - 2024/10/10 at 03:55pm

A judge recently told my opposing counsel—right after sanctioning her and her clients for three years of frivolous litigation—that the courtroom is not a place for airing grievances, but for legal causes of action. The lesson for this attorney, and all attorneys, is that we must always be mindful of our role as gatekeepers.  As attorneys, we are zealous advocates for our clients, but it is also our responsibility to give hard truths and provide wise counsel. Sometimes, even when a client feels wronged, there may not be a legal remedy—or if there is, the cost or likelihood of success […]

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Understanding Virginia’s Judicial System

LitigationNorthern Virginia Practice and Procedure By Binnall Law Group - 2024/10/10 at 03:36pm

If you are dealing with legal matters in Virginia, it’s essential to understand how Virginia’s judicial system operates, particularly its two primary trial courts: the General District Courts (GDC) and the Circuit Courts. Each court has distinct functions, jurisdiction, and procedures, and understanding these differences is crucial for navigating Virginia’s judicial system.  General District Courts (GDC) in Virginia’s Judicial System  In Virginia’s judicial system, the General District Court (GDC) serves as the first level of the trial court hierarchy. This court typically handles lower-level cases, including misdemeanor crimes, traffic violations, landlord-tenant disputes, and civil claims involving amounts up to $50,000. […]

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Statement: Davis v. Cisneros, 1:21-cv-565-RP (W.D. Tex. Sept. 23, 2024)

Litigation By Binnall Law Group - 2024/09/23 at 11:02pm

In a massive victory for free speech over lawfare, and after a two-week trial, a jury in Western District of Texas has fully vindicated Mr. Greaves’s clients and three co-defendants, sued because of their public support for President Donald J. Trump. Wendy Davis, the lead plaintiff, and the Democrat lawfare machine spent millions of dollars and unleashed an army of attorneys to ruin the lives of these ordinary, hard-working Americans, simply for participating in a “Trump Train” that followed a Biden/Harris campaign bus through Texas in the days before the 2020 election. Unfortunately, one of the co-defendants was found liable under a bogus […]

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Can an Agency Ignore Circuit Court Precedence in a Rulemaking?

Litigation By Binnall Law Group - 2024/09/01 at 11:48pm

In the era of the Administrative State, it might seem that federal agencies have the power to create, expand, or amend any laws that they’d like. This, however, ignores the foundational principles of the separation of powers inherent in the United States Constitution and the authority that created these agencies, which was intended to be quite limited. This issue came to a head recently in the Northern District of Alabama when the Court requested briefing on the Department of Education’s attempt to redefine the scope of Title IX, contrary to a prior decision by the Eleventh Circuit Court of Appeals. […]

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