A shareholder acting on behalf of a corporation may bring
a "derivative suit" against corporate directors and management for fraud ,
mismanagement, self-dealing or dishonesty. Before bringing such a suit, the
shareholder must make a written...
Courts don't often grant requests to " pierce the corporate veil " - in other words, to
disregard the existence of a corporation and to hold a shareholder personally
liable for the corporation's debts - but in a recent Virginia case...
Even in Virginia, which recently placed
which recently placed first in a ranking of the " Best
States for Business " by Forbes.com, businesses often fail.
Particularly in small companies, relationships among the owners sour and partnership
The Virginia Supreme Court ruled on November 4, 2011, that membership in a Virginia
limited liability company is comprised of two components--a control interest
and a financial interest--and that only the financial interest is transferable
In Virginia, a fraud claim must state (1) a false representation, (2) of a material fact, (3) made intentionally and knowingly, (4) with intent to mislead, (5) reliance by the party misled, and (6) resulting damage to the party misled. Fraud claims cannot...
Back in 2012, the Alexandria Circuit Court ruled in an Internet defamation case that discovery could be obtained from a nonresident third party by serving a subpoena on the company's registered agent in Virginia. That decision was reversed last week...
Last summer, United States Department of Agriculture
official Shirley Sherrod was forced to resign after conservative
Breitbart posted online a speech that she had made 23 years before, when
she worked for a nonprofit organization. The...
A plaintiff filing a lawsuit usually wants to demand as much money as possible, both for the intimidation value and because in Virginia state court, you cannot recover damages in an amount greater than what you asked for in the complaint, even if the...
In Virginia, employers who wish to restrict their
employees from competing with them in a new job need to write restrictive covenants tightly and narrowly and should
define all the key terms in their noncompete and nonsolicitation agreements
During discovery, an examining party has the power to
compel the deposition of a corporate defendant's " managing
agents ." If the plaintiff's lawyer designates an individual to testify
who is not an officer, director, or managing agent...
Under Virginia law, a partner can apply for dissolution
of a partnership under Virginia Code § 50-73.117(5) upon grounds that: (a) The
economic purpose of the partnership is likely to be unreasonably frustrated;
(b) Another partner has engaged...
Once a plaintiff has introduced evidence to establish a
" badge of fraud ," a prima facie case of fraudulent
conveyance is established and the burden shifts to the defendant to
establish that the transaction was not fraudulent. So held the...
What is a nonsuit? Simply stated, a nonsuit is a voluntary withdrawal or dismissal of a lawsuit by the party that filed it that allows the party to bring a second suit on the same cause of action. (See Va. Code § 8.01-380 ) [ an annotated version...
In Virginia, as in other states, potentially defamatory
statements made in official government proceedings receive protection from defamation claims .
But some such statements get the benefit of absolute privilege, which means
that even a knowingly false...
Dr. Adel S. Kebaish filed a defamation case in Fairfax County Circuit Court against INOVA Health Care Services and several doctors alleging defamation , breach of contract , tortious interference , conspiracy , wrongful termination and unjust enrichment...