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STB Holds That Town Can’t Thwart Development of Rail Facilities

STB Holds That Town Can’t Thwart Development of Rail Facilities

Case Studies

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

Gentry Locke is pleased to have represented Grafton & Upton Railroad and obtained a favorable decision from the U.S. Surface Transportation Board to permit construction of GURR’s rail transloading facility to move forward to support rail customer needs in New England. Our team included John Scheib and Emily Mordecai. The case is Grafton & Upton Railroad Company – Petition for Declaratory Order, Finance Docket 36696 (STB served Nov. 15, 2023).

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Port of Virginia Wins Motion to Dismiss in Wrongful Death Case

Case Studies

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

Gentry Locke for the Defendant Defended the Port of Virginia in a wrongful death lawsuit arising out of a multi-vehicle accident in West Virginia. During the transport of cargo that passed through the Port, a trailer detached from a truck, causing a multi-vehicle accident that resulted in a death of another driver. Plaintiff, the decedent’s estate – sued the truck driver and transportation company who retrieved the cargo from the Port. The estate also sued another tractor-trailer driver and company involved in the accident, each broker and freight forwarder, the shipping company, and the Port’s operating subsidiary. The Port filed […]

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Upheld Opinion in Gender Pay Bias Case

Case Studies

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

A favorable and unanimous opinion released on October 19, 2023 in the case of Ashley Nicole Noonan v. Consolidated Shoe Company, Inc. by the United States Court of Appeals for the Fourth Circuit, upheld a win for Gentry Locke’s client, Consolidated Shoe Company, Inc. The Plaintiff brought gender discrimination, Equal Pay Act, and retaliation claims against our client. Cate Jackson argued the case in the Western District of Virginia Court with assistance from Paul Klockenbrink and Amanda Morgan. Judge Moon granted summary judgment in Consolidated Shoe’s favor in November 2021. The Plaintiff appealed and the appeal was argued in January 2023 and […]

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Judgment for Enforcement of Post Nuptial Agreement & QTIP Trust

Case Studies

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

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.

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Snack Food Brands Change Orders Suit

Case Studies

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

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.

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Heavy equipment dealer in Virginia sued by the equipment manufacturer’s former dealer. Court grants Motion to Dismiss.

Case Studies

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

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 […]

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$700,000 Judgement in Breach of Contract Dispute

Case Studies

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

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.

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Court Grants Summary Judgment from the Bench in Favor of Big Box Retailer

Case Studies

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

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 […]

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Owner/landlord of a large commercial facility obtains judgment against a former tenant for property damage and lost rent

Case Studies

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

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 […]

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$8,000,000 awarded in Products Liability Case

Case Studies

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

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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