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Judge Michelle J. Atkins

Jun 29, 2018

Va. Cir.: Wife didn’t misrepresent intent to stay married

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 the marriage. Background Husband and Wife were married in 1994 and have three children. In […]

May 8, 2018

Va. Cir.: Court reconsiders $1.8M liability holding

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 Fund I LLC – of which Plaintiff Williamson Equity Partners LLC is a member – […]

Feb 27, 2018

Absent net earnings, LLC distributions were improper

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 a member — issued a Confidential Private Placement Memorandum offering LLC membership interests to potential […]

Feb 12, 2018

Wife’s prior testimony not inconsistent

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. On February 27, 2014, Wife filed a prior suit for divorce from Husband on grounds […]

Feb 8, 2018

Preliminary injunction removes manager

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 Developer LLC both have operating agreements providing, in part, as follows: Notwithstanding the initial appointment/election […]

Jan 31, 2018

Time Expired to Name Tortfeasor’s True Employer as Defendant

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. Parrish alleged that Finley, a baggage handler at Norfolk International Airport, had thrown luggage directly […]

Jan 8, 2018

Va. Cir. Ct.: Court Retains Jurisdiction of Child-Custody Dispute

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 2017, wife asked husband to come get their child because she had lost her job […]

May 24, 2017

Court Dismisses ‘Aiding’ Fiduciary Breach Claim

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 defendant’s demurrers to plaintiffs’ claims for aiding and abetting a breach of fiduciary duty, statutory […]

May 30, 2016

Practice Sues Over Provider Network Fees

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, whose terms still allowed either party to terminate the contract when they could not agree […]

Apr 18, 2016

Defense: Delay in surgery meant it was unnecessary – $103,500 Verdict

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 was a passenger in a Maz­da Miata. Significant rear end colli­sion naturally occurred. Defendant did […]

Jan 20, 2016

Hospital ‘Root Cause’ Document Is Protected

In this medical malpractice case, a Norfolk Circuit Court denies plaintiff’s motion to compel defendant hospital to produce a four-page “Events & Causal Factors” Charting prepared by a nurse team leader to “identify any possible root causes and/or inappropriate action” related to the subject suit. Plaintiff asserts that in previous propounded interrogatories and requests for [&hellip[...]

Nov 13, 2015

Cleaning Employee Has Negligent Supervision Claim

A contract cleaning employee who alleges he fell off his ladder after receiving an electric shock from exposed bare wires has stated claims for negligent supervision and for negligence based on defendant’s internal policies and procedures, but the Norfolk Circuit Court dismisses plaintiff’s claim for negligent training. The U.S. Department of the Navy hired the […]

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