DISCLAIMER: THE FOLLOWING CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE FIRM OR ITS LAWYERS. RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Norfolk Community Services Board, Plantiff, v. Jill D. McGlone, Defendant, 2012 Va. Cir. LEXIS 77 (2012)
“Partial final judgment” and procedural issues
Norfolk Community Services Board v. Linda M. Berardi, et al., 2012 Va. Cir.: LEXIS 25 (2012)
Demurrer ruling re: unjust enrichment, fraud, negligence and contract claims
Donald Penney and Dana Penney v. Donald W. Brock and Deana Brock, 2012 Va. Cir. LEXIS 41 (2012)
“Motion craving oyer” ; Analysis of fraud and contract claims
Lawyer Protects Shopping Center Property Rights On September 7, 2009, the Virginia Beach Circuit Court ruled in favor of the owner of Kempsville Plaza Shopping Center against an adjacent land owner, Tesoro Corporation, which asserted that it had an easement over the shopping center property. Tesoro claimed that it had the unrestricted right to drive its trucks and vehicles over the shopping center parking lot for ingress and egress to its property. Moreover, Tesoro claimed that its prescriptive easement allowed it to have waste trucks access its dumpster from shopping center property. The Court rejected Tesoro’s claim of an easement by prescription after a two-day trial. Had Tesoro prevailed, the shopping center would have been significantly impacted and potentially have lost its anchor tenant. For more information, contact William Bischoff or review the Virginia Beach Circuit Court file Tesoro Corporation v VHN, L.L.C. and RAML Associates, LLP, Civil Action No. CL07-2112.
Attorney Recovers $250,000 for Lender On 11/6/09, the York County Circuit Court ordered the payment of approximately $250,000 to a lender in a partition suit. The complex suit involved over 45 ownership shares and hundreds of actual and potential parties. The firm argued the legal theories of unjust enrichment, equitable lien, and constructive trust to obtain the result, allowing the client lender to recover the money it advanced for the construction of a home from the sale of the subject property. The lender had failed to secure its loan with a properly recorded deed of trust and the property had significant title problems. For additional information, contact Bill Bischoff.
Lawyer Enforces $4 Million Contract On April 27, 2009, William Bischoff, representing the purchaser of a marina in the Ocean View area of Norfolk, obtained an order compelling the seller to specifically perform its obligations pursuant to the purchase agreement. The seller had refused to come to closing and a lawsuit was filed to force the seller to sell. In addition to the order against the seller, the seller was order to pay $136,00 in damages and a very significant award for attorneys’ fees and costs. The buyer intended to build condominiums and upgrade the marina on the site in an $18 million project. The case was tried in Norfolk Circuit Court for 2 days before Judge Junius P. Fulton, III. For additional information, contact Bill Bischoff or review the court file: East Beach Properties of Norfolk, Inc. v. Espejo, et al., CL08-064.
Patient First Richmond Medical Group, LLC v. Ameanthea Rica Blanco Docket No: CL10-6211
Non-Compete Declared Invalid
Integrity Auto Specialists, Inc. v. Meyer, 1 Cir. CL10114 (2011)
Non-Compete Declared Invalid; Related Claims Dismissed
Salzman v. Kanchev, 1 Cir. CL091566 (Chesapeake)
Workflow Solutions v. Lewis, 4 Cir. CL08463, 77 Va. Cir 334 (Norfolk 2008)
Noncompete and Related Employment Issues
Tradestaff & Co. v Nogiec, 1 Cir. CL081512, 77 Va. Cir. 77 (Chesapeake 2008)
Noncompete and Related Employment Issues
Cassen v. Slater, 1 Cir. CL071563, 75 Va. Cir 327 (Chesapeake 2008)
Service of Process; Fraud on the Court; Jurisdiction
Station #2 v. Lynch, et. al, 4 Cir. CL066106, 75 Va. Cir. 179 (Norfolk 2008) (3 Opinions)
Various Business Litigation Claims Analyzed
Commonwealth v. Adderley, 2 Cir. CR07845, 74 Va. Cir. 292 (Virginia Beach 2007)
Miranda and Search Issues
Birchwood Motel, Inc. v. Virginia Marine Resources Commission
2 Cir. 07CL241, 74 Va. Cir. 298 (Accomack Co. 2007)
(view case) Pleading and Procedural Issues in an APA Appeal