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Lawyer’s Computer Virus Doesn’t Excuse Missed Dismissal Motion

A computer virus is no excuse for missed emails, at least in Federal Court.
A federal appeals court has upheld dismissal of a wrongful termination case granted after the plaintiff’s lawyer experienced computer problems and never got e-mail notice of a motion for summary judgment.
Lawyer Charles Everage of Charlotte, N.C., said his computer was afflicted by a malware virus and other problems. As a result he never learned of the motion and he didn’t respond to it. A trial judge dismissed the suit Everage had filed on behalf of a fired worker, and denied the lawyer’s motions to reinstate it.
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