Record No: 171708 May v. R.A. Yancey Lumber Corporation 01/10/2019 (As published by the Virginia Supreme Court) In a declaratory and injunctive action by a director and minority shareholder of a corporation, the circuit court erred in sustaining a special plea in bar and entering judgment in favor of the corporation based on an erroneous interpretation...
Record No: 171020 Davis v. MKR Development, LLC (As published by the Virginia Supreme Court) In a derivative action brought on behalf of a limited liability company by the majority shareholder against the entity appointed under the LLC’s operating agreement to manage the company, along with two of the manager’s principals, the circuit court erred...
Record No: 161799 (as published by the Virginia Supreme Court) In an action involving claims for breach of contract and constructive fraud arising out of a contract for the sale of a business, the circuit court erred in finding that the plaintiff was permitted to bring both fraud and breach of contract counts arising out...
Case No: CL 2016-3462 After considering the pleadings and exhibits, authorities, and oral arguments presented by Counsel, the Court finds that the ad damnum clause, seeking damages “in excess of $100,000,” is improper, and thus the Court must reduce the jury verdict to $100,000, the only ascertainable amount stated. Additionally, the non-solicitation clause is not overly...
Record No: 151190 (As published by the Virginia Supreme Court) In breach of contract and fraudulent conveyance litigation, the trial court erred in imposing a constructive trust upon a subdivision lot after a developer breached a contract to convey a different property. To be entitled to the benefit of a constructive trust, a claimant’s interest...
Record No: 150522 (As published by the Virginia Supreme Court) In an action asserting claims for breach of contract, unjust enrichment, quantum meruit, and trade secret misappropriation in which plaintiffs recovered a judgment of $1.25 million, plaintiffs failed to show at trial how the defendant misused their confidential information under a nondisclosure agreement or the...
Record No: 141195 (As published by the Virginia Supreme Court) In an action for breach of contract, unjust enrichment and imposition of constructive trusts, including allegations of breach of the fiduciary duties of loyalty and care by corporate managers, the circuit court did not err in granting the defendants’ plea in bar of the statute...
Case No: CL 2013-16999 The Court finds that attorneys’ fees may be awarded on a fraud claim only when the Court sits as a court of equity and grants equitable relief. Because the Plaintiff sought a money judgment rather than equitable relief, the American Rule applies to each side to bear their own legal fees....
Record No: 140305 (As published by the Virginia Supreme Court) A circuit court’s decision to award equitable relief against a wife in a rescission action relating to a couple’s sale of real property – where there was no evidence of wrongdoing on her part and no basis for an award of equitable relief against her...
Record No: 140301 (As published by the Virginia Supreme Court) In a suit by purchasers of a home for rescission of the transaction and related relief, the fact that the trial court found that the selling husband’s wife did not engage in any wrongful conduct in the sale did not mean that it lost equitable...
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