Richmond Circuit Court
Brenda M. Lotz v. Window Depot USA of Central Virginia Inc.
Plaintiff says in late 2011 and early 2012 she began to investigate hiring a contractor to replace the windows, doors, skylights, roof and siding at her home in Suffolk. On or about May 5, 2012, plaintiff says H. Scott Flippo, sole owner and executive officer of Window Depot, came to her home to induce her to enter into a home improvement contract and make a substantial up-front payment––a $36,000 check––purportedly for the purchase of materials from Window Depot Corp. Plaintiff says she obtained approval of her final color selection from her homeowners’ association, and called Flippo on May 20, at which time, plaintiff says, he represented to plaintiff that he had ordered all of the project materials other than the siding. On or about May 23, 2012, Flippo committed suicide, plaintiff says. Plaintiff says she called Window Depot Corp. and was advised that neither Window Depot nor Flippo had ordered or purchased any materials for her home. Plaintiff has demanded of Flippo’s relatives the return of her $36,000. Plaintiff alleges fraud, conversion and misappropriation, and says defendant is bound by the conduct and representation of its agent Flippo. Plaintiff seeks judgment in principal sum of $36,000.
Law firm: L.B. Cann III of LeClairRyan
Filed: 8/29/2012. CL12003766[private]
Samantha J. Barnaby v. Geoffrey R. McDonald, P.C. t/a Geoffrey R. McDonald & Associates, P.C.
Plaintiff on July 29, 2009, says she suffered injuries because of a motor vehicle incident, and on or about July 30 asked defendant to represent her to recover damages. Plaintiff says at no time did defendant sign the “personal injury retainer agreement” that she signed on July 30, 2009. Plaintiff says she became dissatisfied with the manner in which defendant was representing her until shortly after Jonathan Halperin joined the firm on or about June 1, 2010. Plaintiff says Halperin filed a lawsuit in Richmond Circuit Court on June 21, 2011, on behalf of plaintiff, which still was pending as of Aug. 31, 2012. Plaintiff says defendant terminated Halperin’s employment without notice on March 20, 2012. During an approximate 4-minute telephone conversation that started at 9:03 p.m. that day with Geoffrey R. McDonald, plaintiff says McDonald told her that “Jonathan [Halperin] can no longer practice law due to unforeseen circumstances.” Plaintiff says that statement was false, but that she thought she had no choice but to stay with defendant. Plaintiff received a call on April 13, 2012, she says, from another GMA attorney who appeared to have no familiarity with her or details of her case. Plaintiff says the call caused her to explore her options in her pending litigation, and she learned that contrary to what McDonald told her, that Halperin was able to practice law and was practicing law. Plaintiff discharged defendant on June 7 and retained Halperin to represent her. Plaintiff says on or about June 21, GMA asserted “a lien for attorneys’ fees and costs advanced” in connection with her lawsuit. Plaintiff denies that defendant is entitled any lien for attorneys’ fees against any recovery she may have. Plaintiff asks that the court declare that she terminated her contingency fee agreement with defendant for cause; that she owes no attorneys’ fee to GMA regardless of any recovery; and that GMA has no valid lien for attorneys’ fees, among other relief.
Law firm: David R. Simonsen Jr. and Vickey A. Verwey of David R. Simonsen Jr.
U.S. Bankruptcy Court
The Robert G. Cabell III and Maude Morgan Cabell Foundation v. Lynn Lewis Tavenner, Chapter 7 Trustee, The State Fair of Virginia Inc.; and ArborOne, ACA
Plaintiff says The State Fair, on Nov. 19, 2010, was awarded a $200,000 challenge grant to support the construction of conservation and education-related facilities at Meadow Event Park, including gardens, alternative energy exhibits and river ecology trips. On or about May 24, 2011, the fair notified plaintiff that it had obtained the matching funds that constituted a condition precedent to the grant. On or about June 11, 2011, less than 6 months prior to the fair filing for protection under Chapter 11 in U.S. Bankruptcy Court, the check was delivered, plaintiff says. Plaintiff says the fair undertook a fiduciary responsibility to apply the grant funds in a manner consistent with the plaintiff’s intended restricted purpose. The designated projects to be constructed with grant funds have not been undertaken and remain in the “fundraising account” in which ArborOne and the debtor’s bankruptcy estate claim some interest. On or about May 22, 2012, plaintiff filed an objection to a settlement motion, seeking protection of its interests. Plaintiff alleges unjust enrichment and asks that the grant funds held by ArborOne in escrow or in the fundraising account be impressed with a constructive trust; that ArborOne be required to return the grant funds; that, in the alternative, the court grant judgment to plaintiff and against ArborOne for the reasonable value of the grant funds.
Law firm: William H. Schwarzschild III and W. Alexander Burnett of Williams Mullen
Filed: 8/16/2012. 12-03160-DOT
Alfred H. Siegel, as trustee of the Circuit City Stores Inc. Liquidating Trust v. State of Tennessee Department of Revenue, through Richard H. Roberts, commissioner
On or about Aug. 19, 2011, plaintiff filed a refund claim with defendant requesting a refund in the amount of $178,714 for the period of Jan. 1, 2007, through Dec. 31, 2010, which represents a refund of sales tax collected and paid by plaintiff with respect to worthless accounts. Plaintiff seeks judgment in an amount not less than $178,714, and other relief.
Law firm: Lynn B. Tavenner and Paula S. Beran of Tavenner & Beran; and Jeffrey N. Pomerantz and Andrew W. Caine of Pachulski Stang Ziehl & Jones
Filed: 8/16/2012. 12-03161-KRH
U.S. District Court
LeClairRyan v. Value Place LLC; and Value Place Real Estate Services LLC
On March 22, 2006, plaintiff and defendant, a developer and operator of economy extended stay hotel projects, entered into an agreement by which plaintiff would provide, and defendant would pay for, legal services and costs to represent its interests in Virginia. Defendant paid 61 of the total 89 LeClairRyan invoices, with payments totaling $320,251.37, but in late 2007, began failing to pay invoices, plaintiff says. Defendant acknowledged its indebtedness and represented that it would pay, plaintiff says. Plaintiff contends it is owed $140,151, and seeks judgment in that amount.
Law firm: Alan D. Albert and Rhodes B. Ritenour of LeClairRyan
Filed: 8/3/2012. 3:12-cv-00560
MGC Advanced Polymers Inc. v. Sompo Japan Claim Services (America) Inc. d/b/a Sompo Japan Insurance Co. of America
Plaintiff manufactures nylon polymers in Colonial Heights, and entered into a contract with defendant to purchase commercial insurance coverage for Nov. 1, 2010, through Nov. 1, 2011, for a total premium of $83,413. In the policy, plaintiff says, defendant agreed to insure against losses arising from damage to certain equipment and to insure plaintiff for lost earnings and extra expenses that resulted from its business being interrupted. An acid melter broke on April 5, 2011, interrupting the manufacturing process, and was not repaired until April 30, 2011. Plaintiff has demanded that defendant pay it $1,072,590 for lost earnings and expenses, but contends defendant has paid only $196,494. Plaintiff seeks judgment in principal sum of $876,096.
Law firm: Thomas D. Lane of ThompsonMcMullan
Filed: 8/6/2012. 3:12-cv-00563[/private]
Richmond Circuit Court
Brenda M. Lotz v. Window Depot USA of Central Virginia Inc.
Plaintiff says in late 2011 and early 2012 she began to investigate hiring a contractor to replace the windows, doors, skylights, roof and siding at her home in Suffolk. On or about May 5, 2012, plaintiff says H. Scott Flippo, sole owner and executive officer of Window Depot, came to her home to induce her to enter into a home improvement contract and make a substantial up-front payment––a $36,000 check––purportedly for the purchase of materials from Window Depot Corp. Plaintiff says she obtained approval of her final color selection from her homeowners’ association, and called Flippo on May 20, at which time, plaintiff says, he represented to plaintiff that he had ordered all of the project materials other than the siding. On or about May 23, 2012, Flippo committed suicide, plaintiff says. Plaintiff says she called Window Depot Corp. and was advised that neither Window Depot nor Flippo had ordered or purchased any materials for her home. Plaintiff has demanded of Flippo’s relatives the return of her $36,000. Plaintiff alleges fraud, conversion and misappropriation, and says defendant is bound by the conduct and representation of its agent Flippo. Plaintiff seeks judgment in principal sum of $36,000.
Law firm: L.B. Cann III of LeClairRyan
Filed: 8/29/2012. CL12003766[private]
Samantha J. Barnaby v. Geoffrey R. McDonald, P.C. t/a Geoffrey R. McDonald & Associates, P.C.
Plaintiff on July 29, 2009, says she suffered injuries because of a motor vehicle incident, and on or about July 30 asked defendant to represent her to recover damages. Plaintiff says at no time did defendant sign the “personal injury retainer agreement” that she signed on July 30, 2009. Plaintiff says she became dissatisfied with the manner in which defendant was representing her until shortly after Jonathan Halperin joined the firm on or about June 1, 2010. Plaintiff says Halperin filed a lawsuit in Richmond Circuit Court on June 21, 2011, on behalf of plaintiff, which still was pending as of Aug. 31, 2012. Plaintiff says defendant terminated Halperin’s employment without notice on March 20, 2012. During an approximate 4-minute telephone conversation that started at 9:03 p.m. that day with Geoffrey R. McDonald, plaintiff says McDonald told her that “Jonathan [Halperin] can no longer practice law due to unforeseen circumstances.” Plaintiff says that statement was false, but that she thought she had no choice but to stay with defendant. Plaintiff received a call on April 13, 2012, she says, from another GMA attorney who appeared to have no familiarity with her or details of her case. Plaintiff says the call caused her to explore her options in her pending litigation, and she learned that contrary to what McDonald told her, that Halperin was able to practice law and was practicing law. Plaintiff discharged defendant on June 7 and retained Halperin to represent her. Plaintiff says on or about June 21, GMA asserted “a lien for attorneys’ fees and costs advanced” in connection with her lawsuit. Plaintiff denies that defendant is entitled any lien for attorneys’ fees against any recovery she may have. Plaintiff asks that the court declare that she terminated her contingency fee agreement with defendant for cause; that she owes no attorneys’ fee to GMA regardless of any recovery; and that GMA has no valid lien for attorneys’ fees, among other relief.
Law firm: David R. Simonsen Jr. and Vickey A. Verwey of David R. Simonsen Jr.
U.S. Bankruptcy Court
The Robert G. Cabell III and Maude Morgan Cabell Foundation v. Lynn Lewis Tavenner, Chapter 7 Trustee, The State Fair of Virginia Inc.; and ArborOne, ACA
Plaintiff says The State Fair, on Nov. 19, 2010, was awarded a $200,000 challenge grant to support the construction of conservation and education-related facilities at Meadow Event Park, including gardens, alternative energy exhibits and river ecology trips. On or about May 24, 2011, the fair notified plaintiff that it had obtained the matching funds that constituted a condition precedent to the grant. On or about June 11, 2011, less than 6 months prior to the fair filing for protection under Chapter 11 in U.S. Bankruptcy Court, the check was delivered, plaintiff says. Plaintiff says the fair undertook a fiduciary responsibility to apply the grant funds in a manner consistent with the plaintiff’s intended restricted purpose. The designated projects to be constructed with grant funds have not been undertaken and remain in the “fundraising account” in which ArborOne and the debtor’s bankruptcy estate claim some interest. On or about May 22, 2012, plaintiff filed an objection to a settlement motion, seeking protection of its interests. Plaintiff alleges unjust enrichment and asks that the grant funds held by ArborOne in escrow or in the fundraising account be impressed with a constructive trust; that ArborOne be required to return the grant funds; that, in the alternative, the court grant judgment to plaintiff and against ArborOne for the reasonable value of the grant funds.
Law firm: William H. Schwarzschild III and W. Alexander Burnett of Williams Mullen
Filed: 8/16/2012. 12-03160-DOT
Alfred H. Siegel, as trustee of the Circuit City Stores Inc. Liquidating Trust v. State of Tennessee Department of Revenue, through Richard H. Roberts, commissioner
On or about Aug. 19, 2011, plaintiff filed a refund claim with defendant requesting a refund in the amount of $178,714 for the period of Jan. 1, 2007, through Dec. 31, 2010, which represents a refund of sales tax collected and paid by plaintiff with respect to worthless accounts. Plaintiff seeks judgment in an amount not less than $178,714, and other relief.
Law firm: Lynn B. Tavenner and Paula S. Beran of Tavenner & Beran; and Jeffrey N. Pomerantz and Andrew W. Caine of Pachulski Stang Ziehl & Jones
Filed: 8/16/2012. 12-03161-KRH
U.S. District Court
LeClairRyan v. Value Place LLC; and Value Place Real Estate Services LLC
On March 22, 2006, plaintiff and defendant, a developer and operator of economy extended stay hotel projects, entered into an agreement by which plaintiff would provide, and defendant would pay for, legal services and costs to represent its interests in Virginia. Defendant paid 61 of the total 89 LeClairRyan invoices, with payments totaling $320,251.37, but in late 2007, began failing to pay invoices, plaintiff says. Defendant acknowledged its indebtedness and represented that it would pay, plaintiff says. Plaintiff contends it is owed $140,151, and seeks judgment in that amount.
Law firm: Alan D. Albert and Rhodes B. Ritenour of LeClairRyan
Filed: 8/3/2012. 3:12-cv-00560
MGC Advanced Polymers Inc. v. Sompo Japan Claim Services (America) Inc. d/b/a Sompo Japan Insurance Co. of America
Plaintiff manufactures nylon polymers in Colonial Heights, and entered into a contract with defendant to purchase commercial insurance coverage for Nov. 1, 2010, through Nov. 1, 2011, for a total premium of $83,413. In the policy, plaintiff says, defendant agreed to insure against losses arising from damage to certain equipment and to insure plaintiff for lost earnings and extra expenses that resulted from its business being interrupted. An acid melter broke on April 5, 2011, interrupting the manufacturing process, and was not repaired until April 30, 2011. Plaintiff has demanded that defendant pay it $1,072,590 for lost earnings and expenses, but contends defendant has paid only $196,494. Plaintiff seeks judgment in principal sum of $876,096.
Law firm: Thomas D. Lane of ThompsonMcMullan
Filed: 8/6/2012. 3:12-cv-00563[/private]