$126K Sanction Decision Pending – Swan Song

Posted: June 11, 2015 in hayden fisher, swanenburg, Updates to "A Lacrosse Story?", US Lacrosse
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Settlement Stock Art.  Photo by John Disney/Daily Report.

Photo by John Disney/Daily Report

Swan Song

The Honorable Timothy S. Fisher, Newport News Circuit Court heard oral arguments on June 11, 2015, on a Motion for Sanctions filed against Christopher T. Swanenburg and D. Hayden Fisher, Swanenburg’s attorney. Frank A. Edgar, Jr., Todd Boward’s attorney argued that since the moment that Swanenburg was fired from Christopher Newport University he has used the court to extract revenge against the person that he contends “orchestrated” his firing.

Swanenburg’s attorney argued against the sanctions by essentially arguing that the core issue was that Boward had defamed his client by falsely stating that Swanenburg was fired for calling people the n-word which was different from using the n-word although in previous proceedings he had argued that it was a distinction without a difference. Fisher argued that Boward had admitted that he did not know why Swanenburg was fired and therefore Boward’s statement was actionable.

In his 18 page Opposition to Motion for Sanctions Swanenburg’s attorney argues that Todd Boward is seeking the sanctions to bully his client and accuses the defendant of leaving a four-year paper trail and states that if Todd Boward has incurred significant legal expenses it is because “he has been the architect of his own misfortune”. Swanenburg further argues that the defendants motions for sanctions exceed the 20 page limit by 8 pages according to Rule 4:15 (c) of the Supreme Court of Virginia.

Most importantly, Swanenburg argues in his brief that he has already agreed not to appeal the the jury decision and that it is Boward who is unsatisfied with merely winning the case and is now piling on by filing a Motion for Sanctions against Swanenburg and Fisher.

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