The Docket: Local court roundup for 9.16.21

Chesterfield Circuit Court

David J. Adams v. 4C Health Solutions, Inc. d/b/a Healthcare Pays Network, LLC
This is a confessed judgment in the principal amount of $670,000.
Attorneys: Robert H. Chappell II and Timothy G. Moore of Spotts Fain
Filed: 9/3/2021

Euler Hermes North American Insurance Co., assignee of Krannich Solar, Inc. v. PEG Alternative Energy, Inc.
Plaintiff says in consideration of a loss payment made to Krannich, defendant is indebted to it in the amount of $64,164.74 for goods and materials.
Attorneys: P. George Eliades II of The Eliades Law Firm
Filed: 9/9/2021

Henrico Circuit Court

Portia McCollum, derivatively on behalf of Altria Group, Inc. v. William F. Gifford Jr.; Howard
A. Willard III; John T. Casteen III; Dinyar S. Devitre; Debra J. Kelly-Ennis; W. Leo Kiely III; Kathryn B. McQuade; George Munoz; Mark E. Newman; Nabil Y. Sakkab; Virginia E. Shanks; Kevin C. Crosthwaite Jr.; Adam Bowen; Kevin Burns; James Monsees; Riaz Valani; Nicholas J. Pritzker; JUUL Labs, Inc.; and Altria Group, Inc.
Plaintiff brings this action against certain current and former Company executives for breach of their fiduciary duties of loyalty, care and candor to Company shareholders, and against JUUL Labs and certain current and former officers for aiding and abetting breach of their fiduciary duties, in Altria acquiring on Dec. 20, 2018, $12.8 billion worth of JUUL stock in a purchase agreement, a 35% interest in the company. Plaintiff says the price of Altria common stock has declined by approximately 20% since the JUUL investment, and that the misconduct surrounding the investment has created massive litigation risks and expenses. Plaintiff seeks a declaration that defendants have breached their fiduciary duties and an award of damages and direction that Altria take all necessary actions to reform and improve its corporate governance, among other relief.
Attorneys: Wyatt B. Durrette and Kevin J. Funk of Durrette, Arkema, Gerson & Gill; and Justin A. Kuehn of Moore Kuehn
Filed: 8/27/2021

New Market-Gayton LLC v. HGreeley, LLC
Plaintiff says defendant, in January 2015, entered into a lease agreement for Unit 39A in Gayton Crossing Shopping Center, and has defaulted. Plaintiff seeks judgment in the principal amount of $438,731.41.
Attorneys: Timothy B. Hyland of Hyland Law
Filed: 8/30/2021

Tire Hub, LLC v. Tirex, Inc.
Plaintiff says defendant has failed to pay for merchandise ordered on an open account and seeks judgment in the principal sum of $25,217.22.
Attorneys: Matthew D. Huebschman of Shenandoah Legal Group
Filed: 8/30/2021

Richmond Circuit Court

Rebecca R. Baldwin v. Macado’s, Inc. and Chase Glover
Plaintiff says on May 18, 2019, as she was exiting the restaurant in Farmville and walking down the sidewalk alongside the building to reach the parking lot, Glover, without warning, threw open the employee side door entrance, slamming the door into her right side and throwing her face-first to the pavement, causing her to lose consciousness and sustain permanent injuries. Plaintiff seeks judgment of $5.25 million.
Attorneys: G. Geoffrey Glick and Joel D. Bieber of The Joel Bieber Firm
Filed: 8/26/2021

David Mark Lynn v. 1102 Perrin Drive, LLC; Gary Lee Higginbotham; and Jeanne Marie Higginbotham
Plaintiff alleges defendants converted his funds used to make payments toward the purchase of a $745,401 beach house in Myrtle Beach, S.C., and titled in the name of Perrin, LLC, a company formed and owned by the Higginbothams. Plaintiff says defendants obtained a loan from him to pay for the beach house, and then embezzled money owed to him that they used, inter alia, to pay the mortgage payments owed to plaintiff, thereby building up equity in the home by paying plaintiff with his own money. Plaintiff seeks damages of $150,000, imposition of a constructive trust on the beach house, liquidation of the home to pay the judgment, and punitive damages of $350,000 against each of the individual defendants, among other relief.
Attorneys: S. Keith Barker
Filed: 9/7/2021

Janet Chestnutt v. Food Lion, LLC
Plaintiff says on March 21, 2020, at 13145 Rivers Bend Boulevard, Chester, an overhead store display hanging from the ceiling came loose and fell, striking her head and neck and causing injuries for which she seeks judgment of $300,000.
Attorneys: Jonathan E. Halperin and Darrell J. Getman of Halperin Law Center
Filed: 9/7/2021

Colonial Funding Network, Inc. v. Little Jewels Child Development Center, LLC d/b/a Little Jewels Child Development Center; and Ruth A. Thompson
Plaintiff says the District of Columbia business is in breach of two financial agreements and seeks judgment in the principal amount of $31,840.28.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/8/2021

Strategic Funding Source, Inc. v. Len & Jerry’s Modular Components 1, LLC d/b/a Len & Jerry’s; and Gerald Paul Vanneste
Plaintiff says the Michigan business is in default of two financial contracts and seeks judgment in the principal amount of $37,328.
Attorneys: Nhon H. Nguyen and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/8/2021

Kapitus Servicing, Inc. v. Hardwood Custom Door & Plywood, LLC d/b/a Hardwood Custom Door & Plywood; and Rogelio Delao
Plaintiff says the Texas business is in default of a future receivables factoring agreement and seeks judgment in the principal amount of $41,318.
Attorneys: Nhon H. Nguyen, James W. Curry and Timothy A. Hennigan of Nguyen|Ballato
Filed: 9/8/2021

Robert F. Norfleet III v. Vroom, Inc. d/b/a Vroom Holdings, Inc.
Plaintiff says he contracted with defendant for the purchase of a 2018 Alfa Romeo Stelvio Quadrifoglio, financing the purchase through defendant, traded his existing car to defendant, and paid an additional $5,000 as a down payment. Plaintiff says the car was defective and the parties agreed to rescind the transaction, and defendant took possession of the car, but has failed to refund all payments due to plaintiff and has failed to pay off the loan or otherwise cause it to be rescinded, forcing plaintiff to make monthly payments in order to preserve his credit rating. Plaintiff seeks judgment of $65,695.28.
Attorneys: William F. Seymour IV and Bryan W. Horn of FloranceGordonBrown
Filed: 9/8/2021

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