Conspiracy claims survive in mining business dispute 
By Peter Vieth
Published: February 14, 2013
Tags: Buckingham County Circuit Court, Corporations, Judge Jane Marum Roush
With a petition for appeal pending at the Supreme Court of Virginia and a two-week trial scheduled for June in Buckingham County, conflict over a closely held family mining business is simmering on two fronts. While the Supreme Court considers whether to weigh in on the court-ordered breakup of The Disthene Group Inc., the trial [...]
Minority in family mining company overcomes majority ‘oppression’
By Peter Vieth
Published: September 10, 2012
Tags: Buckingham County Circuit Court, Corporations, Judge Jane Marum Roush
A 67-year-old closely held mining business may be broken up and parceled out under a judge’s “drastic” remedy for the company’s oppression of minority shareholders in a family feud that has played out as a courtroom corporate drama. Fairfax Circuit Judge Jane Marum Roush concluded the Disthene Group Inc. – which owns a profitable kyanite [...]
LLC is ‘Necessary Party’ in Derivative Suit
By Deborah Elkins
Published: September 20, 2011
Tags: Corporations, Justice Donald W. Lemons, Supreme Court of Virginia
An LLC formed to operate a hotel in Christiansburg is a necessary party to a derivative complaint filed by a trust as a member of the LLC on behalf of the LLC, against other LLC members, alleging a transfer of assets from one member to a separate family company was not in the best interests [...]
Pitfalls for corporate, outside counsel shown
By Alan Cooper
Published: April 29, 2011
Tags: Corporate Counsel, Corporations, Ethics, Federal Courts, Judge Robert E. Payne
Imagine that you’re corporate counsel, and you’re preparing for a huge case. You learn – from opposing counsel – that one of your key witnesses may have altered two emails to enhance your case. Is eliminating those emails from the case enough, or do you have to pull out all stops to check the veracity [...]
Plaintiff Can’t Sue for Parking-Lot Lighting Claim
By Deborah Elkins
Published: March 22, 2011
Tags: Corporations, Judge Anthony J. Trenga, U.S. District Court - Eastern District
A plaintiff who alleges injury from a fall at the Air Force Memorial allegedly caused by workers affiliated with defendant construction companies who interrupted the power supply so that the parking lot lighting went out, has not pleaded a claim for relief against defendant corporation or any affiliated entity, says an Alexandria U.S. District Court. [...]
Corporation – Corporation By Estoppel – Swimming Pool Loan
By Deborah Elkins
Published: December 30, 2010
Tags: Corporations, Greensville County Circuit Court, Judge W. Allan Sharrett, Virginia Circuit Courts
Although the Community Youth Center ceased existence in 2000, it continued to function as a corporation, and applying the doctrine of corporation by estoppel, a Greensville County Circuit Court says three corporate officers had the authority to borrow money from a bank in 2005 to build a swimming pool at the community center, and the [...]
Corporations – Fictitious Name Registration – Law Firm – Car Owner
By Deborah Elkins
Published: November 5, 2010
Tags: Corporations, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts
A lawyer who bought a BMW and titled the car under the fictitious name “Ferris & Ferris PC,” which had not been registered with the State Corporation Commission as required by Va. Code § 59.1-69, is not barred from suing the defendant BMW dealer who allegedly assured the lawyer that driving the car from Fairfax [...]
Corporations – False Claims Act – Parent Defendant
By Deborah Elkins
Published: November 3, 2010
Tags: Corporations, Judge James P. Jones, U.S. District Court - Western District
In this qui tam action against a residential treatment center in Marion allegedly involved in fraudulent Medicaid billing, an Abingdon U.S. District Court denies motions by the state and federal governments, who have intervened in plaintiff relators’ suit, to file an amended complaint that would assert claims against the treatment center’s parent corporation. The Keystone [...]
Corporations – Consent To Incorporate – Trademark Infringement – Unfair Competition
By Deborah Elkins
Published: June 3, 2010
Tags: Corporations, Judge Norman K. Moon, U.S. District Court - Western District
Because not all the members of the Bedford Genealogical Society Inc received notice of a planned incorporation, and of the 22 percent of the members who attended the meeting, three voted against incorporation, plaintiff BGSI has failed to show that it is the successor in interest to the unincorporated Bedford Genealogical Society, and it does [...]
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