4th Circuit Court
4th Circuit Nominee Sued for Defamation
Posted Nov 19, 2007, 07:54 am CST
By Debra Cassens Weiss
Updated: A lawyer nominated to the Richmond, Va.-based 4th U.S. Circuit Court of Appeals has been sued for defamation for allegedly trying to deflect blame for a botched appeal.
The suit against E. Duncan Getchell Jr. claims the nominee led a team of lawyers that failed to file a transcript for the appeal, then tried to shift the blame to another lawyer “in hope of salvaging a troubled nomination to the federal bench,” the Virginian Pilot reports.
The suit was filed last week in a Richmond court by lawyer Christopher Spencer. It claims Getchell conspired with his law partner to “spread the false message that Spencer, and not Getchell, was responsible for the failure to file the transcript.”
The Wall Street Journal's Law Blog posted the complaint (PDF).
The Virginia Supreme Court cited the late transcript when it dismissed the appeal of an $8 million verdict against a ski lodge. Getchell oversaw the team of appellate lawyers for the lodge, and Spencer represented it at trial.
A White-House spokesman had told the Pilot that Spencer was being sued for the appeal mistake by the lodge’s insurance company. Spencer’s suit claims Getchell and his law partner knew that the accusations in the insurance suit against Spencer were false, yet gave the information to the White House.
A hat tip to How Appealing, which posted the story.
Story updated on 11/19/2007 at 9:42 AM.