HomeCategory Business Litigation

May v. R.A. Yancey Lumber Corporation

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...

Davis v. MKR Development, LLC

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...

MCR Federal, LLC v. JB&A, Inc.

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...

Bank of Hampton Roads v. Powell, 292 Va. 10, 785 S.E.2d 788

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...

Navar, Inc. v. Federal Business Council, 291 Va. 338, 784 S.E.2d 296

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...

Devine, Nancy v. Buki, 289 Va. 184, 766 S.E.2d 882

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...

Devine, Donald v. Buki, 289 Va. 162, 767 S.E.2d 459

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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