News, Events, Seminars & Articles by Gentry Locke Attorneys

PFAS is Coming: The Time to Prepare is Now

Articles August 2022

Per-and polyfluoroalkyl substances (collectively, “PFAS”) are a group of nearly 5,000 human-made chemicals that are resistant to heat, water and oil. Due to these “resistance” properties, since the 1940s, PFAS have been used in a broad spectrum of industrial applications and commercial products, including everyday household items and packaging. Some examples of PFAS usage include carpeting, waterproof clothing, upholstery, food paper wrappings, cookware, personal care products, fire-fighting foams, and metal plating. In the environment, PFAS rapidly move through groundwater. Thus, PFAS frequently are found in public and private water sources throughout the United States. Unfortunately, the same resistance to water, […]

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Snack Food Brands Change Orders Suit

Case Studies August 2022

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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Gentry Locke Welcomes William S. Fussy to its Roanoke Office

News August 2022

ROANOKE, Va. (July 25, 2022) – The Virginia law firm Gentry Locke is pleased to welcome William S. Fussy as an associate in the firm’s General Commercial Practice Group in Roanoke. “We are pleased to welcome Will to our corporate and commercial practices,” said Gentry Locke Managing Partner Monica T. Monday. “Will brings an enthusiasm for helping clients that fits perfectly with our client-centered culture.” Will is a cum laude graduate of the Washington and Lee University School of Law, and received his B.S. from Hampden-Sydney College. During law school, he served as a research assistant and gained experience as […]

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

Case Studies July 2022

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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Virginia General Assembly Passes Law Prohibiting the Application of Pay-if-Paid Clauses on Both Public and Private Projects

Articles July 2022

During the 2022 Session, the Virginia General Assembly passed SB 550, which, among other things, prohibits the application of contingent payment or condition precedent payment clauses (known as “pay-if-paid” clauses) under most circumstances. The bill also establishes prompt payment clauses for prime contracts and subcontracts on private projects, whereas, Virginia’s Prompt Payment Act was formerly applicable only to public projects. The final language of the bill included a delayed enactment clause so that the statutory changes in SB 550 will not take effect until January 1, 2023. This delay gives project owners, developers, design professionals, general contractors, and subcontractors the opportunity […]

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Trucking Industry Dealt a Blow: What You Should Know

Articles July 2022

The question regarding whether a worker is properly classified as an independent contractor or employee is fraught with controversy, legal risk and uncertainty. A recent case illustrates the issue in the trucking world. On June 30, 2022, the U.S. Supreme Court declined a petition for writ of certiorari filed by a group representing California’s trucking industry, California Trucking Association (“CTA”). CTA’s petition sought to challenge a California worker classification law that will have a devastating impact on the trucking and transportation industries. These industries are already in the midst of multiple, overlapping crises. The high court denied CTA’s petition challenging the […]

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Gentry Locke Welcomes Transportation & Business Partner John M. Scheib to Its General Commercial Practice Group

News July 2022

ROANOKE, Va. (July 11, 2022) – The Virginia law firm Gentry Locke is pleased to welcome John M. Scheib as a partner in its General Commercial Practice Group. He is the former Chief Legal Officer and a former senior executive of Norfolk Southern Corporation, and has extensive deal-making, legislative, regulatory, and business experience. Norfolk Southern is one of the nation’s premier rail transportation companies with $11.5 billion in revenues and operating approximately 19,500 route miles in 22 states and the District of Columbia. The company has approximately 27,000 employees. NYSE:NSC. “John is a leading business attorney with a nationwide reputation […]

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Beware the Duty to Defend Language in Contracts with Architects and Engineers

Articles July 2022

It is the job of the Virginia legislature to make and change the laws of our Commonwealth. Sometimes, these new or changed laws are plastered all over the news. More often than not, new and changed laws are put into effect with little to no publicity. Nevertheless, there they are, ready to be used as a tool, or weapon, when the time presents itself. Despite the world’s reaction to COVID-19, the Virginia legislature was hard at work in 2020. Part of its work included amending an existing law concerning indemnification provisions in contracts with design professionals. Historically, indemnification provisions included […]

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I-81 Advisory Committee Meeting July 7 at 1:00

News July 2022

The Interstate 81 Advisory Committee will be meeting Thursday, July 7, 2022, at 1 p.m. in the Shenandoah Room of the Hotel Roanoke. The meeting will be open to the public, and members of the public will have the opportunity to submit questions in-person, or by phone (by dialing 617-675-4444, followed by the PIN ‪323 329 033 9157#). The meeting agenda and related documents will be available at https://improve81.org/advisory-committee-and-meetings/advisory-committee/default.asp. The I-81 Advisory Committee provides advice and recommendations to the Commonwealth Transportation Board (CTB) regarding the development of the I-81 Corridor Improvement Program and the allocation of the $2 billion of […]

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Dean of William & Mary Law School
A. Benjamin Spencer Receives 2022
William R. Rakes Leadership in Education Award

News June 2022

Last Friday, June 17th, Dean Spencer was presented with the 2022 William R. Rakes Leadership in Education Award at the Virginia Bar Association Meeting in Virginia Beach. Dean Spencer actually presented Bill Rakes the inaugural Rakes award in 2012. This year, ten years later, Bill had the pleasure of returning the honor. The Rakes award recognizes an individual who has demonstrated exceptional leadership and vision in developing and implementing innovative concepts to improve and enhance the state of legal education, and in advancing relationships and professionalism among members of the academy, the bench, and the bar within the legal profession in Virginia. Read more […]

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