Much of our practice has been as commercial/business litigators. The firm litigates a wide variety of cases, often involving the alleged breach of an agreement between the parties with resulting damages. Some of the consistent causes of actions include actual and constructive fraud, fraud in the inducement, tortious interference with business, breach of contract, defamation, and breach of warranty or fiduciary duty.
Because most businesses seek to minimize risk and costs, we have participated in dozens of high stakes mediations and judicial settlement conferences.
“A jury consists of twelve persons chosen to decide who has the better lawyer.” Robert Frost
Represented multiple mortgage brokers in federal and state litigation regarding mortgage repurchase demands and related claims from national mortgage company.
Represented Italian manufacturer of labeling equipment in federal court regarding a dispute with beverage bottling facility.
Represented a real estate timeshare company in federal court in Utah regarding a copyright infringement claim regarding computer software.
Represented commercial tour operator in Florida regarding breach of contract and warranty claims against a boatbuilder who failed to deliver on the construction of a tour vessel with successful settlement during the arbitration.
Represented medical services business in an arbitration against hospital and competing physicians regarding breach of covenant not to compete and breach of fiduciary duty with resolution favorable to our client.
Represented local development authority in a dispute over a multi-million dollar construction project with judgment for our client after trial.
Represented property and casualty insurance guaranty association in six-day trial before the Virginia State Corporation Commission and in appeal to Virginia Supreme Court.
Represented large electric utility in class action lawsuit involving apportionment of utility easements to third party telecommunications provider.
Retirement Housing Foundation v. Bank of America, Civil Action No. 001917-A (E.D.Va. 2001) (defense of action challenging enforceability of loan guaranty – motion to dismiss granted in favor of the bank)
Sales v. Grant, 224 F.3d 293 (4th Cir. 2000) (qualified immunity claim defense asserted under Section 1983 by defendant denied in favor of client registrars fired from jobs based on political affiliation; affirmed on appeal)
DeBauche v. Trani, 191 F.3d 499 (4th Cir. 1999) (motion for summary judgment granted to client radio station in case brought under First Amendment by Reform Party candidate regarding gubernatorial debate; affirmed on appeal.
Product Liability Defense Litigation
Assisted in the defense of a pharmaceutical company in the diet drug mass tort litigation, including assisting in the defense of the pharmaceutical company against claims of plaintiffs who have opted out of the National Diet Drug Settlement.
Assisted in the defense of pharmaceutical companies in the Baycol mass tort litigation, Oxycontin mass tort litigation, PPA mass tort litigation, and Ketek mass tort litigation.
Assisted in the defense of a medical device manufacturer and various related companies in hip implant mass tort litigation.
Assisted in the defense of a medical device manufacturer in two medical device products liability cases. Plaintiffs dismissed the manufacturer during discovery.
Assisted in the defense of a Taiwanese motorcycle helmet manufacturer and two helmet distributors. This case resolved through settlement negotiations after a mediation.
Defended a beauty product manufacturer in a products liability case. After extensive written discovery and the depositions of plaintiff and plaintiff’s expert, plaintiff voluntarily dismissed her case.
Tort Defense Litigation
Obtained a decision in defendant’s favor after a two-day arbitration in a case involving a glider plane that crashed during take-off. After a battle of aviation experts, the arbitrator found that our client was not liable for the accident.
Obtained summary judgment in favor of national retailer in malicious prosecution case.
Successfully defended landlords in child lead exposure cases.
Assisted in the defense of a property management company in a child lead exposure case where plaintiff nonsuited the case during discovery.
Wrote appellate briefs to the Virginia Court of Appeals & Virginia Supreme Court in several cases where decisions in clients’ favor were upheld on appeal.