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Tag Archives: Judge Michelle J. Atkins

Va. Cir.: Wife didn’t misrepresent intent to stay married (access required)

A wife was entitled to enforce a marital agreement’s division of assets in the event of divorce. The evidence did not support her husband’s claim that she fraudulently induced him to sign the agreement by misrepresenting her intention to continue ...

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Va. Cir.: Court reconsiders $1.8M liability holding (access required)

Deciding that its prior contract interpretation had relied on a definition provided by an inapplicable article of the agreement, the court reconsidered its ruling granting partial summary judgment as to the plaintiff’s substantial breach-of-contract claim. Background In December 2007, Meritage ...

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Absent net earnings, LLC distributions were improper (access required)

Investor-members of a dissolving LLC were liable for the return of a large distribution made irrespective of the LLC’s losses on its investments. Background In December 2007, Meritage Fund I LLC — of which Plaintiff Williamson Equity Partners LLC is ...

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Time Expired to Name Tortfeasor’s True Employer as Defendant (access required)

Alleging negligence claims against Defendants Tracey Finley and American Airlines Inc., Plaintiff John W. Parrish III ran out of time to add Finley’s actual employer – not American Airlines, but Envoy Air Inc. – as a defendant to the suit. ...

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Va. Cir. Ct.: Court Retains Jurisdiction of Child-Custody Dispute (access required)

Despite the mother’s relocation to North Carolina, jurisdiction over divorcing parties’ child-custody dispute will remain in Virginia. After Plaintiff Devin Lipps (husband) and Defendant Amanda Lipps (wife) separated, wife moved to North Carolina with the couple’s minor child. In June ...

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