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

05Apr, 2010

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.

Full article here