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State court of last resort · ST-VA-SC
McNally v. Rey
No. 070522Supreme Court of Virginia
070522 McNally v. Rey 04/18/2008 Under Code § 8.01-271.1, a circuit court abused its discretion by imposing sanctions upon an attorney who, after filing a pretrial witness and exhibit list, informed the court …
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070522 McNally v. Rey 04/18/2008 Under Code § 8.01-271.1, a circuit court abused its discretion by imposing sanctions upon an att…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Apr 18, 2008
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070522 McNally v. Rey 04/18/2008 Under Code § 8.01-271.1, a circuit court abused its discretion by imposing sanctions upon an attorney who, after filing a pretrial witness and exhibit list, informed the court on the morning of a scheduled trial that his client had filed a federal bankruptcy petition the previous evening. While the attorney knew that his client was considering the bankruptcy filing for some time before it was made, nothing in the record supports a conclusion that he filed the witness and exhibit list in the Virginia proceeding at a time when he did not intend to try the case. A litigant's decision to file a petition in bankruptcy while litigation is pending does not constitu…
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