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	<title>JD Journal &#187; attorney</title>
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		<title>Widower and His Attorney Pay $700K in Sanctions Because of Facebook Spoliation</title>
		<link>http://www.jdjournal.com/2011/11/09/widower-and-his-attorney-pay-700k-in-sanctions-because-of-facebook-spoliation/</link>
		<comments>http://www.jdjournal.com/2011/11/09/widower-and-his-attorney-pay-700k-in-sanctions-because-of-facebook-spoliation/#comments</comments>
		<pubDate>Wed, 09 Nov 2011 08:03:27 +0000</pubDate>
		<dc:creator>chelsei</dc:creator>
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		<guid isPermaLink="false">http://www.jdjournal.com/?p=31594</guid>
		<description><![CDATA[Some say that this may be the most depressing legal news story they have ever read. The three-quarters-of-a-million-dollar sanction award had been levied against the poor widower of a woman that was killed in a car accident and the widower&#8217;s lawyer. This ruling came as a definite table-turn for Isaiah Lester, who had previously won [...]]]></description>
			<content:encoded><![CDATA[<p>Some say that this may be the most depressing legal news story they have ever read. </p>
<p>The three-quarters-of-a-million-dollar sanction award had been levied against the poor widower of a woman that was killed in a car accident and the widower&#8217;s lawyer. This ruling came as a definite table-turn for Isaiah Lester, who had previously won $10 million in a wrongful death suit against the driver whose truck overturned and killed his wife. </p>
<p>Here are more depressing details of the story:</p>
<p>In 2008, a truck drive named William Donald Sprouse, pleaded guilty to charges of involuntary manslaughter for the accidental death of 25-year-old Jessica Lester. &#8221;Sprouse&#8217;s &#8221;truck rounded a corner on two wheels, flipped and rolled over onto Lester&#8217;s car, a crushing sixty thousand pounds landing where Jessica sat,&#8221; according to a very bluntly-written news article from the time that the trial was going on. </p>
<p>Jessica&#8217;s parents and her widower, Isaiah Lester, won a huge amount in the wrongful death suit in 2010 against Sprouse and his employer at the time of the accident, which was Allied Concrete Company. Clearly because the family&#8217;s wounds were still fresh, a Virginia jury awarded them a massive $10.6 million. </p>
<p>But, alas, the courtroom journey was not over. </p>
<p>Nearly a year later, on October 21, Judge Edward Hogshire signed a &#8221;final order&#8221; cutting the jury verdict in half in Lester v. Allied Concrete Company and William Donald Sprouse, and also penalizing Lester and his attorney, Matt Murray, a combined total of $722,000 in sanctions:</p>
<p>&#8221;Whereas, the court, having reviewed the evidence and arguments of counsel and carefully considered the extensive pattern of deceptive and obstructionist conduct of Murray and Lester resulting in the sanction award, finds that most of the substantial fees and costs expended by Defendants were necessary and appropriate to address and defend against such conduct.&#8221;</p>
<p>The Hook reports:</p>
<p>&#8221;According to a September 1 order from Judge Hogshire, the spoliation began in March 25, 2009, when Murray received a discovery request for the contents of Lester&#8217;s Facebook account. Attached was a photo of Lester wearing a &#8216;I [heart] hot moms&#8221; t-shirt, and holding a beer can with other young adults.<br />
Murray instructed a paralegal to tell Lester to &#8221;clean up&#8221; his Facebook page because, &#8221;we don&#8217;t want blowups of this stuff at trial,&#8221; the assistant, Marlina Smith, said in a disposition. She emailed that message to Lester the next day.<br />
On March 26, 2009, according to the judge&#8217;s order, Murray came up with a scheme to take down or deactivate Lester&#8217;s Facebook account so that he could respond that he has no Facebook page on the date the discovery request was signed.<br />
When defense attorneys filed a motion to compel, Murray instructed Lester to reactivate the account. But in a December 16 2009, deposition, Lester denied deactivating the account.<br />
Murray is also accused of withholding the email from Smith instructing Lester to clean up his Facebook page when he was ordered to produce it shortly before the trial began. Murray falsely claimed after the trial that the omission was the paralegal&#8217;s mistake, according to the court order.&#8221;</p>
<div  class="related_post_title">Related Posts:</div><ul class="related_post"><li><a href="http://www.jdjournal.com/2012/01/30/facebook-to-make-greatest-us-internet-ipo-debut-in-history/" title="Facebook To Make Greatest US Internet IPO Debut In History">Facebook To Make Greatest US Internet IPO Debut In History</a></li><li><a href="http://www.jdjournal.com/2012/01/13/co-founder-of-facebook-chris-hughes-could-buy-the-new-republic/" title="Co-Founder of Facebook, Chris Hughes, Could Buy The New Republic">Co-Founder of Facebook, Chris Hughes, Could Buy The New Republic</a></li><li><a href="http://www.jdjournal.com/2012/01/11/father-trying-to-sell-son-on-facebook/" title="Father Trying to Sell Son on Facebook">Father Trying to Sell Son on Facebook</a></li><li><a href="http://www.jdjournal.com/2011/12/27/serial-killer-on-the-prowl-in-detroit/" title="Serial Killer On the Prowl in Detroit?">Serial Killer On the Prowl in Detroit?</a></li><li><a href="http://www.jdjournal.com/2011/12/22/this-is-wut-happens-when-you-post-nasty-pics-of-your-baby-on-facebook-po-po-come-get-you/" title="This Is &#8216;Wut&#8217; Happens When You Post Nasty Pics of Your Baby on Facebook: &#8216;Po Po&#8217; Come Get You">This Is &#8216;Wut&#8217; Happens When You Post Nasty Pics of Your Baby on Facebook: &#8216;Po Po&#8217; Come Get You</a></li></ul>]]></content:encoded>
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		<title>Leading Human Rights Attorney Is Missing</title>
		<link>http://www.jdjournal.com/2010/01/18/leading-human-rights-attorney-is-missing/</link>
		<comments>http://www.jdjournal.com/2010/01/18/leading-human-rights-attorney-is-missing/#comments</comments>
		<pubDate>Mon, 18 Jan 2010 16:39:47 +0000</pubDate>
		<dc:creator>sara</dc:creator>
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		<category><![CDATA[Gao Zhisheng]]></category>
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		<category><![CDATA[susan stevenson]]></category>

		<guid isPermaLink="false">http://www.jdjournal.com/?p=19030</guid>
		<description><![CDATA[The Chinese government claims that prominent human rights lawyer and Nobel Peace Prize nominee Gao Zhisheng “went missing”last year while in their custody. Gao was taken into custody by security forces last February. In 2001 Gao was named one of China’s top 10 lawyers but later ran afoul of the government for providing legal services [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.jdjournal.com/wp-content/uploads/2009/02/chinaflag_160x120.jpg"><img class="alignright size-medium wp-image-7542" title="chinaflag_160x120" src="http://www.jdjournal.com/wp-content/uploads/2009/02/chinaflag_160x120.jpg" alt="" width="160" height="120" /></a>The Chinese government claims that prominent human rights lawyer and Nobel Peace Prize nominee Gao Zhisheng “went missing”last year while in their custody. Gao was taken into custody by security forces last February. In 2001 Gao was named one of China’s top 10 lawyers but later ran afoul of the government for providing legal services to victims of government abuses. He represented several controversial clients in China including victims of forced eviction notices, members of underground Christian churches and farmers whose land had been appropriated by the government. He also orchestrated a hunger strike by adherents of Falun Gong, an illegal religious movement in China. As a result he faced increasingly severe retaliation from government officials.</p>
<p>In 2006 Gao was found guilty of “inciting subversion” and sentenced to three years in prison. His law firm was shut down and he lost his law license. He continued to actively advocate for victims of government human rights violations and was periodically imprisoned by the authorities for these activities. Gao later wrote that while in detention he was tortured until he agreed to confess to sedition charges.</p>
<p>Last week in an interview Gao’s brother, Gao Zhiyi, stated that he traveled from his home in Shaanxi Province in September, several months after Gao was most recently detained with no word from him. Gao Zhiyi spoke with an officer who arrested his brother. The officer told him that Gao Zhisheng “lost his way and went missing”. There has been no further word on his whereabouts. Family, colleagues and supporters from around the world fear for his safety.</p>
<p>Susan Stevenson, spokeswoman for the United States Embassy in Beijing issued the following statement, “Mr. Gao has courageously taken on cases involving corruption, illegal property seizure and religious persecution…We believe such activities support China’s efforts to institute the rule of law and should be encouraged, not punished.”</p>
<div  class="related_post_title">Related Posts:</div><ul class="related_post"><li><a href="http://www.jdjournal.com/2010/02/16/morning-roundup-69/" title="Morning Roundup">Morning Roundup</a></li><li><a href="http://www.jdjournal.com/2010/02/15/government-says-missing-human-rights-lawyer-living-in-western-china/" title="Government Says Missing Human Rights Lawyer Living in Western China">Government Says Missing Human Rights Lawyer Living in Western China</a></li><li><a href="http://www.jdjournal.com/2011/12/15/merger-of-king-wood-and-mallesons-stephens-jaques-creates-largest-law-firm-in-asia/" title="Merger of King &amp; Wood and Mallesons Stephens Jaques Creates Largest Law Firm in Asia">Merger of King &amp; Wood and Mallesons Stephens Jaques Creates Largest Law Firm in Asia</a></li><li><a href="http://www.jdjournal.com/2011/12/15/holland-knight-nixes-billable-hours-tracking-in-public-policy-regulation-group/" title="Holland &amp; Knight Nixes Billable Hours Tracking in Public Policy &amp; Regulation Group">Holland &amp; Knight Nixes Billable Hours Tracking in Public Policy &amp; Regulation Group</a></li><li><a href="http://www.jdjournal.com/2011/12/15/cooley-llp-announces-opening-of-office-in-shanghai-china/" title="Cooley LLP Announces Opening of Office in Shanghai, China">Cooley LLP Announces Opening of Office in Shanghai, China</a></li></ul>]]></content:encoded>
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		<title>Lawyer Confesses To Losing 2.8 Million Dollar Settlement</title>
		<link>http://www.jdjournal.com/2009/01/30/an-irvine-california-based-lawyer-confesses-to-losing-28-million-dollar-settlement/</link>
		<comments>http://www.jdjournal.com/2009/01/30/an-irvine-california-based-lawyer-confesses-to-losing-28-million-dollar-settlement/#comments</comments>
		<pubDate>Sat, 31 Jan 2009 01:20:14 +0000</pubDate>
		<dc:creator>todd</dc:creator>
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		<category><![CDATA[2.8 million dollar settlement]]></category>
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		<category><![CDATA[Sandeep Baweja]]></category>
		<category><![CDATA[ZipRealty]]></category>

		<guid isPermaLink="false">http://www.jdjournal.com/?p=5430</guid>
		<description><![CDATA[Attorney Sandeep Baweja has withdraw as counsel in a class action case after he confessed in court papers that he lost a large portion of the $2.7 million settlement. Baweja was supposed to distribute the funds amongst 800 class members who sued ZipRealty. He instead placed the money in an Ameritrade brokerage account last spring, [...]]]></description>
			<content:encoded><![CDATA[<p><span style="EN;" lang="EN"><span style="Times New Roman;"> </span></span></p>
<p><span style="EN;" lang="EN"><br />
<span style="small;"><span style="Times New Roman;">Attorney Sandeep Baweja has withdraw as counsel in a class action case after he confessed in court papers that he lost a large portion of the $2.7 million settlement.</span></span></span></p>
<p>Baweja was supposed to distribute the funds amongst 800 class members who sued ZipRealty. He instead placed the money in an Ameritrade brokerage account last spring, according to the Daily Journal. Court papers claim that Baweja lost everything except for $54,000 due to bad investments as well as the state of the stock market.</p>
<p>U.S. District Judge S. James Otero said, “I’m extremely, extremely disappointed in what occurred here, but my disappointment pales in comparison to the class.”</p>
<p>Jeffrey Rutherford of Crowell &amp; Moring is Baweja’s lawyer. Rutherford claims that Baweja borrowed more than $500,000 from friends and family in an attempt to payback the lost settlement. He has also notified the state bar as well as state and federal authorities about his actions.</p>
<p>Baweja’s admission stunned colleagues, according to the <em>Orange County Register</em>.</p>
<div  class="related_post_title">Related Posts:</div><ul class="related_post"><li><a href="http://www.jdjournal.com/2011/11/09/widower-and-his-attorney-pay-700k-in-sanctions-because-of-facebook-spoliation/" title="Widower and His Attorney Pay $700K in Sanctions Because of Facebook Spoliation">Widower and His Attorney Pay $700K in Sanctions Because of Facebook Spoliation</a></li><li><a href="http://www.jdjournal.com/2011/04/13/blogger-sues-huffington-post-and-aol-for-105-million/" title="Blogger Sues Huffington Post and AOL for $105 Million">Blogger Sues Huffington Post and AOL for $105 Million</a></li><li><a href="http://www.jdjournal.com/2010/11/04/morning-roundup-222/" title="Morning Roundup">Morning Roundup</a></li><li><a href="http://www.jdjournal.com/2010/11/03/settlement-reached-in-google-buzz-class-action-suit/" title="Settlement Reached in Google Buzz Class Action Suit">Settlement Reached in Google Buzz Class Action Suit</a></li><li><a href="http://www.jdjournal.com/2010/05/14/class-action-filed-against-pfizer-by-brualdi/" title="Class Action Filed Against Pfizer by Brualdi">Class Action Filed Against Pfizer by Brualdi</a></li></ul>]]></content:encoded>
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