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 ...

Tagged with: Contract Domestic Relations Family Law Judge Michelle J. Atkins Norfolk Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Civil Procedure Contract Judge Michelle J. Atkins Norfolk Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Business Judge Michelle J. Atkins Norfolk Circuit Court Virginia Circuit Courts

The court granted a motion in limine in which Plaintiff Caryn Kesser (Wife) asked the court to preclude Defendant Lawrence Kesser (Husband) from arguing that Wife is bound by claims in a prior proceeding as to the couple’s separation date. ...

Tagged with: Domestic Relations Judge Michelle J. Atkins Norfolk Circuit Court Virginia Circuit Courts

The court granted an injunction to corporate entities seeking to force the removal of their manager, who had agreed to resign by a certain date identified in the companies’ operating agreements. Corporate entities 139 Riverview Manager LLC and 139 Riverview ...

Tagged with: Contract Judge Michelle J. Atkins Norfolk Circuit Court Virginia Circuit Courts

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. ...

Tagged with: Civil Procedure Judge Michelle J. Atkins Norfolk Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Domestic Relations Judge Michelle J. Atkins Norfolk Circuit Court Parental Rights Virginia Circuit Courts

In this lawsuit alleging a “scheme” carried out by two defendants in relation to the sale of two real estate projects, the Preserve at Woods Lake in Greenville, S.C., and Raefield Village in Charlotte, N.C., a Norfolk Circuit Court overrules ...

Tagged with: Judge Michelle J. Atkins Tort Virginia Circuit Courts

A medical practice providing laboratory di­agnostic services did not waive its right to sue defendant Anthem Health Plans for breach of contract for defendant’s implementation of a Phased-in Rates Amendment to the practice’s contract as part of a preferred-provider net­work, ...

Tagged with: Contract Judge Michelle J. Atkins Norfolk Circuit Court Virginia Circuit Courts

Plaintiff, 59, passenger and her husband were on way home from church on a Sun­day afternoon with intentions to run through Target on their way for lunch at Arby’s when they were rear-ended. Defen­dant was driving a large Hummer; plaintiff ...

Tagged with: Judge Michelle J. Atkins Norfolk Circuit Court Personal Injury