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.

APPEALS & TRIAL COURT OPINIONS

• Atlantic Diving Supply, Inc. V. Kormornik et al., 2024 Va. Cir. LEXIS 125 (Norfolk City August 21, 2024): Won an award of over $2 million in attorney fees and costs. When combined with the underlying judgment (see next summary below), resulted in over $10 million being awarded to the client for damages, fees and costs.

• Atlantic Diving Supply, Inc. V. Kormornik et al., 2024 Va. Cir. LEXIS 125 (Norfolk City August 21, 2024): Won an award of over $2 million in attorney fees and costs. When combined with the underlying judgment (see next summary below), resulted in over $10 million being awarded to the client for damages, fees and costs.

• Atlantic Diving Supply, Inc. v. Komornik et al., 2024 Va. Cir LEXIS 29 (Norfolk City March 13, 2024): Won a verdict of over $8 million in a matter involving breaches of various employment duties, civil conspiracy, violations of the Virginia Trade Secrets Act and Computer Crimes Act, and fraud. Spoliation issues were also decided in favor of our client.

• Goldman v. Youngkin et al., 2023 U.S. Dist. LEXIS 28819 (E.D. Va. February 21, 2024): Successfully defended against a motion for a preliminary injunction and subsequently obtained a dismissal of a challenge to a 2022 U.S. House of Representatives Democratic Special Primary, paving the way for the election of Congresswoman Jennifer McClellan.

• Higazi v. Va. Dep't of Crim. Just. Servs., 111 Va. Cir. 54 (Virginia Beach City August 14, 2023): Successfully appealed the decertification of Law Enforcement Officer by the Virginia Department of Criminal Justice Services.

• Jordan v. School Board of the City of Norfolk, 2023 U.S. Dist. LEXIS 159057 (E.D. Va. 2023): Successfully resisted the defendant’s efforts to have the plaintiff’s entire case dismissed on summary judgment.

• McKinnon v. Croatan Investments, LLC, 2023 Va. Cir. LEXIS 56 (Virginia Beach City 2023): Successfully argued for the retroactive application of an amended code section that provides remedial relief to employees who have not been paid in accordance with law.

• Suffolk City School Board v. Wahlstrom, 302 Va. 188 (2023): At trial, won injunctive relief and an award of attorney fees and costs against a school board that violated the Virginia Freedom of Information Act by improperly excluding my client from a public meeting. I successfully defended that result on appeal in the Supreme Court of Virginia.

• Boyd v. Weisberg, 75 Va. App. 725, 879 S.E.2d 613 (2022): Successfully protected a trial court verdict that awarded significant damages and legal fees in a fraudulent conveyance case.

• Jordan v. School Board of the City of Norfolk, 640 F. Supp.3d 431 (E.D. Va. 2022): In an employment case filed on behalf of a school principal, defeated an effort to dismiss her claims of disability discrimination and retaliation.

• JTH Tax, LLC v. Leggat, 2022 U.S. Dist. LEXIS 157846 (E.D. Va. 2022): In a dispute between a franchisor and a former franchisee in California, obtained a ruling transferring the litigation to California, notwithstanding franchise agreement provisions purporting to stipulate jurisdiction and venue in Virginia state and federal courts.

• Atlantic Diving Supply, Inc. v. Komornik et al., 2021 Va. Cir. LEXIS 193 (Norfolk City 2021): Prevailed on a contested motion to disqualify opposing counsel and his law firm based on his firm’s prior representation of the plaintiff. Numerous ethics rules and cases were analyzed and argued.

• Galloway v. County of Northampton, 299 Va. 558, 855 S.E.2d 848 (2021): Won reversal of trial court dismissal of a tax assessment case after the trial judge excluded the plaintiffs’ expert witnesses.

• Sheehy v. Williams, 299 Va. 274, 850 S.E.2d 371 (2020): Won a trial court verdict for compensatory and punitive damages, as well as injunctive relief. In defending against the appeal, raised the “voluntary payment doctrine” in a motion to dismiss, resulting in remand for an evidentiary hearing on that issue; the appeal was later dismissed.

• Vaughn v. Grand Brands, LLC, 2020 U.S. Dist. LEXIS 176744 (E.D. Va. September 25, 2020): Successfully defended against a claim for an alleged violation of the Fair Credit Reporting Act, obtaining a pre-trial dismissal and attorneys’ fees for the client in the process.

• Passaro v. Virginia State Police, 935 F.3d 243 (4th Cir. 2019): Won partial reversal and reinstatement of a former state trooper’s discrimination suit against the state police; Issues included sovereign immunity and claim preclusion.

• Foley v. Mid-Atlantic Leasing Corp., 2019 Va. Cir. LEXIS 87 (Chesapeake City 2019): Defeated an effort to disqualify defense co-counsel in an intra-company legal dispute involving multiple causes of action. The analysis included legal ethics considerations.

• City of Virginia Beach v. Witchduck Lake Enterprises, 2018 Va. Cir. LEXIS 78 (Virginia Beach City 2018): Prevented an effort by the City to stop recreational use of a lake; issues included legal interpretation of zoning ordinances

• Lambert v. Sea Oats Condo. Assoc., 293 Va. 245, 798 S.E.2d 177 (2017): Won reversal and remand in an appeal involving a low award of attorney’s fees when the award should have been much higher. The Supreme Court of Virginia’s detailed opinion explaining how awards should be analyzed substantively and handled procedurally remains a leading Virginia opinion on the topic.

• Moody v. City of Portsmouth, 2016 Va. Cir. LEXIS 98 (Portsmouth 2016): Represented a member of the Portsmouth City Council and proved that other Council members violated the Virginia Freedom of Information Act’s “open meeting” requirements when they fined him through a secret vote.

• L.F. v. Breit, 285 Va. 163, 736 S.E.2d 711 (2013): Won a parentage appeal involving statutory interpretation of in vitro fertilization laws, and convinced the Supreme Court of Virginia to recognize the constitutional right of the sperm donor to due process and participation in decisions involving his child.

• Cabral v. Cabral, 62 Va. App. 600, 751 S.E.2d 4 (2013): Won reversal of a trial court ruling that reopened a final decree of divorce and awarded additional money to a party claiming that certain assets were not disclosed; issues included finality of judgments and decrees, jurisdiction of trial judges, contract interpretation, and the elements of fraud.

• Judicial Inquiry & Review Commission v. Waymack, 284 Va. 527, 745 S.E.2d 410 (2012): Successfully defended a judge accused by the Judicial Inquiry and Review Commission of violating the Virginia Canons of Judicial Conduct; the Supreme Court of Virginia ruled 7-0 in favor of the judge.

• Sales v. Kecoughtan Housing Co., 279 Va. 475, 690 S.E.2d 91 (2010): Won reversal of trial court dismissal of a suit alleging that a landlord and management company injured an elderly man after they engaged in negligent repairs and misrepresented the status of the repairs; the victim was caused near total blindness in one eye; the case later settled.

• Tanner v. City of Virginia Beach, 277 Va. 432, 674 S.E.2d 848 (2009): On appeal from the trial court, convinced the Supreme Court of Virginia to find the Virginia Beach noise ordinance to be unconstitutionally vague and in violation of due process rights; this led to the rewriting of noise laws all across Virginia and remains a leading case on due process and vagueness.

• Norfolk 302, LLC v. Vassar, 524 F. Supp.2d 728 (E.D. Va. 2007): On behalf of a group of restaurants/bars, obtained preliminary and permanent federal court injunctive relief and a declaration that various provisions in the Virginia Alcoholic Beverage Control Act were unconstitutionally over-broad and unduly vague, thus violating free speech and due process rights; this caused the Virginia General Assembly to rewrite the defective legal provisions, which eliminated a great deal of selective enforcement by ABC agents.

• Modern Environments v. Stinnett, 263 Va. 491, 561 S.E.2d 694 (2002): Won and successfully defended a trial court ruling that post-employment restrictions in a noncompete agreement were overly broad and unduly vague, thus making them unenforceable; this remains a leading Virginia opinion on restrictive employment covenants.

• Reid v. Boyle, 259 Va. 356, 527 S.E.2d 137 (2000): Won and successfully protected a trial court award of nearly $4 million in an employment-related oral contract case between a concert promoter and his former employer; issues included oral agreements, oral modifications to written agreements and antitrust principles.

ADDITIONAL VERDICTS, RULINGS & SETTLEMENTS

• Forehand v. VEPCO, Newport News Circuit Court, CL2202483H-00 (representation and successful defense of utility in an asbestos case leading to a zero dollar judgment) 

• Demurrer sustained in representation and successful defense of an auto center client in a wrongful death case involving a party bus

• Demurrer sustained in representation and successful defense of a shipyard client in a personal injury case involving a motor vehicle accident 

• Norfolk District Associates v. The City of Norfolk, et al., Record No. 0674-22-2, Feb. 27, 2024. CAV (unpublished opinion) Representation and successful defense of a municipality in casino litigation)