Tuesday, September 13th, 2022
Gentry Locke for the Plaintiff
This was a suit to enforce the terms of a post nuptial agreement and a QTIP trust created pursuant to the PNA. After a bench trial, the Court awarded money damages, attorneys fees, and specific performance requiring the defendant to convey assets to the trust that generated at least $10,000 in revenue per month. The judgment held up on appeal and we are in the process of collection.
Wednesday, August 10th, 2022
Gentry Locke for the Defendant
USDC for the Western District
This was a suit to collect on change orders (called true ups) in the processing and bagging of protein chips made with chicken between two snack food brands. Jury trial resulted in verdict for the plaintiff for extras and a verdict for the defendant for conversion of its equipment. The plaintiff wrongfully withheld the defendant’s equipment as leverage to force payment despite having no security interest in the equipment.
Thursday, July 28th, 2022
United States District Court for the Western District of Virginia, Charlottesville Division
Our client, a heavy equipment dealer in Virginia, was sued by the equipment manufacturer’s former dealer. The former dealer alleged that our client had tortiously interfered with its dealer contract and had engaged in a business conspiracy with the manufacturer to cause the manufacturer to terminate the former dealer’s contract. We filed a Motion to Dismiss both claims arguing that, even assuming the truth of the allegations, the plaintiff failed to state viable claims against our client. Our client had merely been approached by the manufacturer with an opportunity to expand their existing business relationship, which our client accepted. The Court granted our Motion to Dismiss (without an opportunity for the plaintiff to amend its lawsuit) and removed our client as a defendant in the case. Litigation as between the former dealer and the manufacturer continues.
Tuesday, April 12th, 2022
Gentry Locke for the Plaintiff
Amherst Circuit Court
This was a suit for breach of contract or quantum meruit against a subcontractor who failed to pay for crane services. After a bench trial, the Court awarded a $700,000 judgment against the LLC defendant but refused to hold the individual defendant liable on the personal guarantee that they signed. That adverse ruling in the individual defendant’s favor has been appealed to the Virginia Court of Appeals. Briefs have been filed. Oral argument has not been set.
Tuesday, April 5th, 2022
Plaintiff sued our client, a big box retailer, for damages related to a “trip and fall” incident that occurred at a store in Richmond, Virginia. Following a thorough case work-up, Gentry Locke attorneys Jeffrey Miller and John “J.P.” Brown filed a Motion to Exclude the testimony of Plaintiff’s testifying expert witness under Federal Rule of Evidence 702, and a Motion for Summary Judgment. At a hearing before Senior U.S. District Court Judge Henry E. Hudson on February 9, 2022, the Court granted summary judgment from the bench in favor of the big box retailer, and the Court denied the Motion to Exclude Expert testimony as moot.
Monday, July 12th, 2021
Gentry Locke for the Plaintiff
Gentry Locke successfully tried a three-day bench trial in Roanoke City Circuit Court. Our client, the owner/landlord of a large commercial facility, obtained judgment against a former tenant for property damage and lost rent . The former tenant was found to have breached its obligations under a commercial lease . The former tenant failed to perform required maintenance and repair obligations over the term of its ten year occupancy of the facility. Following the end of the lease term, the landlord was forced pay for the necessary repairs. The Court awarded our client damages representing material costs ($60,143.87), labor costs ($83,352.33) and lost rent ($120,000). In a second stage of the case, the Court awarded our client its attorneys’ fees and court costs . The commercial lease contained a fee-shifting clause allowing the prevailing landlord to recover its fees and costs from the former tenant.
Judge’s opinion letter/ruling
Tuesday, August 25th, 2020
Gentry Locke for the Plaintiff
This was a products liability case arising out of an industrial accident in which plaintiff’s hair became entangled in an unguarded glue roller and drive shaft, which resulted in a degloving of her scalp from the base of her skull past her eyebrows. Defendant manufacturer testified that the machine was designed to incorporate safety panels to prevent access from where plaintiff was standing. The panels were removed from the machine prior to shipment and were not installed by the machine installer.
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Monday, September 23rd, 2019
Roanoke Federal Court
Gentry Locke partner, David Paxton, in connection with Alabama attorneys Tony Davis, Trey Wells, and Ben Presley, secured a jury verdict in favor of a multinational corporation against one of the three largest railroad companies in the United States. The dispute involved a long-term contract for rail transportation. The railroad claimed that it was owed over $40 million, in addition to the more than $35 million it had already been paid under the contract, so we filed an action for a declaratory judgement and equitable relief. After a six day trial in Roanoke Federal Court, the jury returned a verdict in our client’s favor, finding that the railroad had materially breached the contract within six month’s of its execution. These factual findings support our client’s claim that it does not owe anything further, and is entitled to repayment of virtually all of the money already paid. The net value of the jury’s verdict to our client exceeds $75 million.
Thursday, August 8th, 2019
Gentry Locke for the Defense
In August of 2019, Gentry Locke attorneys successfully resolved two commercial vehicle overweight citations by the Department of Motor Vehicles (DMV) for two different clients operating trucks on state highways. Both of the citations were in excess of $13,000. After developing legal strategies for defending the citations, each of the cases was negotiated for reductions in the amount of the citations — over ninety percent in one case, and over seventy percent in the other, thereby saving the clients significant expense. If you need assistance in a matter involving the DMV, especially commercial overweight vehicle citations, please contact either Alicha Grubb or Cham Light.
Tuesday, March 5th, 2019
Gentry Locke for the Plaintiff
Augusta County Circuit Court
The Defendant, an oral surgeon, removed our client’s wisdom teeth when she was 12 years of age. During that surgery, the Defendant completely severed the left lingual nerve and perforated the lingual plate. This has caused numbness, hypersensitivity, discomfort, and pain to the left side of our client’s mouth that she will suffer until the day she dies. The Defendant refused to accept responsibility for her surgical negligence, so we proceeded to trial to hold the Defendant accountable and prevent this from happening to another person. An Augusta County jury unanimously found the Defendant liable and awarded $625,000 in compensation to our client.
