Litigation

Facing a lawsuit can be a small business owner or entrepreneur’s worst nightmare. Litigation is often expensive and time-consuming. In fact, I have heard many clients say that the consumption of their time and their efforts during litigation ultimately was a more burdensome cost than the actual dollars spent with the attorneys. When facing a lawsuit, you not only need someone who has the ability to fight in court, but more importantly, someone who can help you balance the risk versus reward equation of litigation against mediation/settlement.

I, personally, have handled a variety of cases from simple small claims to complex cases which I have argued at the Supreme Court of Virginia. Here are but a few examples:

1. Short Term Rental Litigation – I have handled dozens of cases involving the short-term rental of property and successfully defended the rights of private property owners related to the same at the Supreme Court of Virginia
2. Restrictive Covenant Litigation – I have represented hundreds of clients who have faced claims that they are prohibited from using their property for any number of reasons, again, all the way to the Supreme Court of Virginia
3. HOA Litigation – Has your HOA run rampant? Despite what is written in your community documents, have they told you that you can’t do something with your property just because they don’t like it? Again, I have handled hundreds of cases representing homeowners who find themselves adverse to the self-appointed HOA “police.”
4. Contract Litigation – You are excited because you just bought a very nice property … and then the Seller backs out. I have handled numerous cases involving specific performance.
5. Real Estate Litigation – Has your neighbor told you that they are gating the road … the road that has been there for a hundred plus years? I have handled hundreds of cases involving easements, boundary lines, title defects, adverse possession … the list goes on and on.
6. Business Conspiracy and Defamation – Has someone attempted to harm your business and/or reputation? Have they tried to steal your employees and clientele? You might be entitled to treble and punitive damages.
7. Violations of the Virginia Consumer Protection Act – This is a somewhat unknown, but very powerful tool, for consumers to fight back against unfair practices of sellers who misrepresent goods and services. Because common law fraud can be difficult to prove, this set of statutes allows a plaintiff to recover if they prove mere negligent statements. And yes, misrepresentations about real estate can be covered by the VCPA.
8. Estate Litigation – I have handled cases involving will contests, forged signatures, breach of fiduciary duties by the Executor or Trustee, etc.
9. Elective Share of Deceased Spouse’s Estate – In many instances, I have seen a widow or widower be left with no assets by the deceased spouse, whether intentionally or by accident. Virginia has recently made several changes to the law which allows a deceased spouse to make a claim for a certain percentage of assets out of the “augmented” estate.