Localities infrequently seek sanctions. Why is this?

In this author’s opinion, courts have traditionally been reluctant to grant motions for sanctions. In addition, localities have real or perceived political downside that must be considered. This often means that the possibility of achieving sanctions and even a monetary award has generally been outweighed by the small likelihood of success and the fear of political repercussions.

In two highly-publicized cases in 2010, however, two counties obtained sanctions against plaintiffs that brought lawsuits for improper purpose and/or without the necessary factual or legal foundation in violation of Virginia Code section 8.01-271.1. Interestingly, both involved lawyers acting pro se for himself in one case and for herself and others in another.

The first case selected will be addressed today, and the second in a future post.