January 16, 2018
Comments Off on Alternatively-Pled Facts Can Support Fraud Claim
In 2007, Johnson purchased 100 shares of MBA Consulting Services Inc. for a price of $100,000. Coleman represented that, because 600 shares of MBA existed, Johnson’s purchase would make him an approximate one-sixth owner of MBA. Yet for the tax ...
Tagged with: Contract Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts
Read More »
January 9, 2018
Comments Off on Space Tourist’s Fraud and Breach Claims Survive Dismissal
Plaintiff Harald McPike, a wealthy adventurer seeking to become a space tourist, can proceed on claims of fraud and breach of contract against Defendant Zero-Gravity Holdings Inc., f/k/a Space Adventures, Ltd. In 2013, Space Adventures contracted to provide a circumlunar ...
Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District
Read More »
January 2, 2018
Comments Off on Plaintiff had right to accelerate payments after default – $1,462,500 Verdict
The trial involved a breach of contract arising from the purchase of Mr. Holman’s ownership interest in Dominion Mechanical. Plaintiff Stephen Holman sought to accelerate principal and interest payments, and attorney’s fees equal to 25 percent of the unpaid balance, ...
Tagged with: Contract Fairfax County Circuit Court Judge Thomas P. Mann Million-Dollar Verdicts
Read More »
December 18, 2017
Comments Off on Duty of Good Faith and Fair Dealing – Statutory Contract
Scott Evans v. Fairfax County Public School Board (Lawyers Weekly No. 017-8-104, 15pp.) (Bernhard, J.) Fairfax Cir.Ct. Case No. CL-2017-3884. Holding: Where the court previously sustained the defendant-school district’s demurrer to the plaintiff-teacher’s complaint in relation to an economic duress ...
Tagged with: Contract Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts
Read More »
December 14, 2017
Comments Off on Third-Party Beneficiary – Condition Precedent – Prevention Doctrine –Purposeful Act or Omission
Rastek Constr. & Dev. Corp. v. General Land Commercial Real Estate Co. LLC (VLW No. 017-6-095, 16pp.) (Kelsey, J.) Record No. 161549. Appealed from the Circuit Court of Chesterfield County. Holding: Where the appellant-seller had signed a sales agreement with ...
Tagged with: Contract Justice D. Arthur Kelsey Supreme Court of Virginia
Read More »
November 13, 2017
Comments Off on Subcontract – Warranty – Virginia Consumer Protection Act – Statute of Limitations
Johnston v. Stephan (VLW No. 017-8-097, 14 pp.) (Bernhard, J.) Fairfax Cir.Ct.Case No. Cl-2017-5006 Holding: Where the defendant-subcontractor installed a roof under a subcontract with a general contractor employed by a homeowner who then sold the home to plaintiff-homeowners, the ...
Tagged with: Contract Fairfax County Circuit Court Virginia Circuit Courts
Read More »
September 29, 2017
Comments Off on Plaintiff sought millions in airplane lease case, recovers $0 – Defense Verdict
In a case where the plaintiff sought $5,520,000, where defense witnesses were prohibited from testifying and where defense documents were excluded from evidence, the defense obtained a defense jury verdict of $0 after a two 1/2 day trial. Plaintiff, an ...
Tagged with: Contract Judge Bruce D. Albertson Million-Dollar Defense Verdicts Rockingham County Circuit Court
Read More »
September 25, 2017
Comments Off on A second opinion
The Supreme Court of Virginia says a Henry County judge was too quick to force a hospital to accept 25 cents on the dollar for a heart patient hit with a surprise medical bill. The justices said the judge was ...
Tagged with: Contract Judge David V. Williams Justice D. Arthur Kelsey Justice Donald W. Lemons Justice William C. Mims Supreme Court of Virginia
Read More »
September 25, 2017
Comments Off on Trustee sued for violation of duties of care, loyalty – $2.5 million verdict
Plaintiffs alleged that defendant, who served as the trustee for several family trusts, had violated his duty of care and loyalty. Plaintiffs sought damages for his misfeasance/negligence while serving as the trustee. Defendants have noted an appeal and ALPS is ...
Tagged with: Chesapeake Circuit Court Contract Judge John W. Brown Million-Dollar Verdicts
Read More »
September 13, 2017
Comments Off on Owner guaranty supports long-arm jurisdiction
The owner of an Oklahoma trucking company who signed a personal guaranty for a boiler rental agreement is subject to long-arm jurisdiction in Virginia, a Newport News judge ruled last month. The circumstances made for a case of first impression ...
Tagged with: Adam M. Carroll Contract Hon. Christopher R. Papile Newport News Circuit Court
Read More »
Virginia Lawyers Weekly VA Lawyers Weekly
