RESULTS

Below is a list of representative business litigation cases. Please note that litigation is unpredictable and prior results should not be used as a basis for predicting future outcomes.  

Business Litigation

The Case of the Illegal Contract

Won dismissal of a lawsuit at the motion-to-dismiss stage for our client, a commercial property owner, in a breach of contract action seeking over $250,000 in damages. The lawsuit arose out of our client’s decision to cancel a series of seasonal parking lot leases with a fireworks company. We successfully argued that pursuant to a rarely invoked common law doctrine called the “rule against perpetuities,” the contracts were void and unenforceable as a matter of law. Click for: Supreme Court Decision.

The Case of the Innocent Realtor

Won summary judgment and dismissal for our client, a real estate agent, in a fraud lawsuit seeking over $175,000 arising out of the purchaser’s discovery of an alleged sinkhole and foundation defects. After numerous depositions and document discovery, we successfully argued that our client was not aware of the alleged property defects, did not make any material misrepresentations, and in no way interfered with the purchaser’s inspection of the property. We also defeated the purchaser’s novel claim that our client had a statutorily prescribed fiduciary duty to visit his seller client in prison to explain the contract documents in person. The purchaser appealed the decision and we won that also. Click for: Supreme Court Decision; and Appeals Court Decision.

 

The Case of the Unfinished Shopping Center

Won favorable monetary settlement for our client, a developer, in a lawsuit against an architect firm for its failure to obtain applicable permits from the town and otherwise manage the construction project. After filing the lawsuit and applying pressure, we engaged in extensive negotiations and reached an acceptable five-figure settlement for our client.

 

The Case of the Oral Purchase Option

Won favorable settlement for our client, a local automotive business, in a lawsuit against his landlord for breach of an oral “lease to own” the building. After filing the lawsuit and arguing against the application of the “Statute of Frauds” in our opposition to the defendant’s motion to dismiss, we reached an acceptable settlement involving transfer of the building to our client.

The Case of the Feuding Family Business

Successfully represented family partnership in confidential arbitration against former managing partner for breach of fiduciary duty in managing a $10 million family business. The arbitrator ordered an accounting of the former managing partner's activities and gave the partnership more control over the dissolution and liquidation of the partnership.

The Case of the Corporate Buyout Dispute

Won summary judgment and over $150,000 in attorney's fees for 50/50 shareholder in multi-million dollar corporate buyout lawsuit in Virginia court. The decision allowed the shareholder to exercise his right of first refusal to purchase an office building worth nearly $8 million.​

The Case of the Abandoned Lease

Successfully represented commercial landlord in breach of contract lawsuit against tenant restaurant for abandoning the lease. After substantial pre-trial discovery, obtained favorable $150,000 settlement for client, who subsequently leased the premises to national fast food chain.

The Case of the Hidden Asbestos

Won favorable monetary settlement for real estate investor buyer in a lawsuit arising out of the seller’s fraudulent concealment of asbestos at a multifamily apartment.

 

The Case of the Unpaid Loan

Won immediate entry of judgment of $56,907.90 for our client, a private lender, against a real estate investor for his non-payment of a short-term rehab mortgage loan. We successfully utilized an accelerated procedure known as “summary judgment in lieu of complaint” and obtained the judgment in just two months. Click for: Supreme Court Decision.

 

The Case of the Claimed Sales Commissions

Successfully defended industrial manufacturing company in lawsuit by former sales representative claiming over $200,000 in commissions. After successfully defeating the motion for summary judgment and advancing counterclaims, negotiated highly favorable monetary settlement for client, who was able to sever ties with the sales representative and expand its in-house marketing efforts.

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