Tuesday, March 6, 2007

Virginia Supreme Court upholds contempt citation

In Nusbaum v. Berlin, the Virginia Supreme Court upheld a finding of contempt against attorney Robert Nusbaum stemming from a minor altercation in a jury trial. Mr. Nusbaum is a well respected attorney, but according to this article, in the heat of the moment following a sidebar during a jury trial, Mr. Nusbaum blocked opposing attorney Buddy Allen from returning to counsel table and then "shoved his elbow against Allen's chest and forced him against the podium." Allen told the judge that if that happened outside the courtroom, "I would have nailed him." Litigation is war, and sometimes emotions overcome even the best, but there may be a penalty to pay.