http://valawyersweekly.com VA Lawyers Weekly Fri, 19 Mar 2010 20:41:02 +0000 http://backend.userland.com/rss092 en A private equity fund manager’s breach of contract suit on compensation issues is stayed pending arbitration, a Fairfax Circuit Court says, despite the fund manager’s claim that two operating agreements superseded his original employment letter agreement that contained the provision in which the parties agreed to “resolve all disputes arising ... http://valawyersweekly.com/blog/2010/03/19/contract-arbitration-superseding-agreement-calif-law/ Although an LLC’s operating agreement says that a unanimous vote is required for the three-member board of managers to act, this provision does not bar the LLC from suing one manager it alleges formed a competing electrical contracting business to siphon off customers, a Fairfax Circuit Court says in a ... http://valawyersweekly.com/blog/2010/03/19/corporate-llc-manager-competing-business/ A Fairfax Circuit Court sustains the commonwealth’s plea of sovereign immunity to a plaintiff’s suit alleging she was walking on a sidewalk and tripped over a metal signpost base and fractured both wrists and suffered abrasions to her head, shoulder, elbow and hip. The alleged negligence in this case stems from ... http://valawyersweekly.com/blog/2010/03/19/negligence-slip-fall-sovereign-immunity/ A Fairfax Circuit Court sustains, with leave to amend a guarantor’s demurrer to plaintiff lessor’s complaint seeking damages from the assignor tenant and defendant guarantor, after default by the assignee tenant. The guaranty here clearly states that defendant Ray Park is guarantor of Crown Enterprises Inc., not any successors in ... http://valawyersweekly.com/blog/2010/03/19/real-estate-commercial-lease-guaranty/ A claimant’s alleged failure to pick up from a customer for a two-week period, as directed by employer, was not misconduct that would disqualify claimant from receiving unemployment compensation after his termination, and a Fairfax Circuit Court reverses the Employment Commission’s contrary decision. It is the opinion of this court that ... http://valawyersweekly.com/blog/2010/03/19/unemployment-comp-misconduct-insubordination/ A Williamsburg-James City County Circuit Court denies defendant nursing home’s motion to compel arbitration, finding that signing of the nursing home contract document by plaintiff decedent’s son, as personal representative, did not legally bind his mother to the contract and does not require plaintiff to arbitrate her claim. Wiggins v. Ruxton ... http://valawyersweekly.com/blog/2010/03/19/negligence-arbitration-nursing-home-suit/ A Richmond Circuit Court enters an order of substitution of counsel for plaintiff, but also orders a fee of 35 percent of the settlement offer for plaintiff’s dismissed lawyer. The court heard argument on Mr. Rutter’s notice for guidance and plaintiff’s motion for substitution; considering that salient events described by counsels’ ... http://valawyersweekly.com/blog/2010/03/19/attorneys-fee-share-employment-agreement/ A lawyer’s recitation of husband’s e-mail and internet traffic using a private account and visiting adult web sites does not support his claim that husband has committed adultery, and a Fairfax Circuit Court orders sanctions of $2,638 in attorney’s fees on the lawyer under Va. Code § 8.01-171.1. At a hearing, ... http://valawyersweekly.com/blog/2010/03/19/domestic-relations-adultery-sanctions-under-va-statute/ A one-time incident of flooding does not support a cause of action for inverse condemnation against Fairfax County and a mere allegation that the county did nothing more than acquiesce in the construction of the Beltway does not support an action for inverse condemnation against the Virginia Department of Transportation, ... http://valawyersweekly.com/blog/2010/03/19/municipal-inverse-condemnation-flooding-single-occurrence/ A former employee, shareholder and corporate officer for an automotive dealership violated his employment agreement’s noncompete by forming a competing business and soliciting a coworker while still employed by the dealership, and he must pay damages for breach of fiduciary duty and for conversion of corporate assets, as well as ... http://valawyersweekly.com/blog/2010/03/19/employment-noncompete-auto-body-repair-liquidated-damages/