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Judge Reduces Jury Verdict Due to Defect in Plaintiff’s Complaint

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 City of Winchester Circuit Court The City of Winchester circuit court has reduced a $125,000 jury verdict to $50,000 due to a defect in the plaintiff’s Complaint. The Complaint contained an ad damnum seeking the amount of damages sought. It specifically sought “not less than $50,000” in compensatory damages, “plus punitive damages.” The jury returned a verdict in favor of the plaintiff for $50,000 in compensatory damages and $75,000 in punitive damages. The defendant retained Gentry Locke after the jury verdict to handle post-trial motions. The defense moved the court to set aside the entire […]

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Contract case involving home purchase settled, all fees recovered

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 Plaintiffs Henry County Circuit Court Our clients, a married couple, lost their home in a house fire. They entered into a written real estate contract to purchase another home. They would pay cash using their homeowners insurance payment from the fire loss. The parties signed the contract, set a closing date, and completed the home inspection. The sellers performed a septic cleaning and inspection and had a termite inspection done. The sellers then purported to terminate the contract. They cited a provision in the contract requiring the buyers to show proof of funds to close. They buyers had submitted a USAA […]

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Navigating the Defense of Multi-Defendant Litigation to Avoid Ethical and Professional Negligence Issues

Events

On June 15, 2018, Gentry Locke partner Paul Klockenbrink co-presented a program that covered the ethical and potential liability issues involved in representing multiple defendants. The program was presented at ALFA International’s conference for members of ALFA International’s Insurance Law, Labor & Employment and Professional Liability Practice Groups. The conference took place in New York City from June 13-15, 2018.

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J. Rudy Austin named to Virginia Lawyers Hall of Fame

News

ROANOKE, Va. (June 12, 2018) – The Virginia law firm of Gentry Locke is pleased to announce that Roanoke Retired Partner J. Rudy Austin has been named to the Virginia Lawyers Hall of Fame, a Virginia Lawyers Weekly awards program designed to recognize Virginia’s most significant senior lawyers. Rudy was formally recognized at the Hall of Fame event on June 12. “We are thrilled for Rudy, who is highly deserving of this honor,” said Gentry Locke Managing Partner Monica Taylor Monday. “He is an unwavering example of the ethical practice of law, with innumerable career accomplishments.” Membership in the Hall […]

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Gentry Locke Welcomes New Associate Kelsey M. Martin

News

ROANOKE, Va. (May 29, 2018) – The Virginia law firm of Gentry Locke is pleased to announce that Kelsey M. Martin has joined the firm’s Roanoke office as an associate. Kelsey will practice on the Employment & Labor team. In her practice, Kelsey will advise business owners and management on employment matters. She will also defend federal and state court claims involving employment-related issues, including claims related to the Americans with Disabilities Act, Age Discrimination in Employment Act, Title VII, Fair Labor Standards Act, Family and Medical Leave Act, affirmative action plans, noncompete agreements, trade secrets, and related matters. Kelsey […]

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Gentry Locke and Managing Partner Monica Monday recognized by Chambers USA

News

  ROANOKE, Va. (May 29, 2018) – The Virginia law firm of Gentry Locke is pleased to announce its recognition as a leading Virginia firm for commercial litigation by Chambers USA 2018: America’s Leading Lawyers for Business, a prestigious annual ranking of law firms and attorneys. Additionally, Chambers USA recognized Gentry Locke Managing Partner Monica Monday as a notable practitioner “who enjoys a commanding reputation as ‘one of the go-to practitioners for appellate work.’” This was Monday’s second annual recognition by Chambers USA. In addition to her role as managing partner, Monday chairs the firm’s Appellate practice. She was most recently ranked in the 2018 Virginia […]

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Robert Chambliss (“Cham”) Light, Jr. joins Gentry Locke as Of Counsel

News

LYNCHBURG, Va. (May 29, 2018) – The Virginia law firm of Gentry Locke is pleased to announce that Robert Chambliss (“Cham”) Light, Jr.  has joined the firm’s Lynchburg office as of counsel. Light will practice with the Business Litigation team. “Cham is well-known, well-respected, and very involved in the Lynchburg community,” said Gentry Locke Managing Partner Monica Taylor Monday. “Our clients will undoubtedly benefit from his talents, dedication to the field, and industry connections. It’s an honor to have him join our growing Lynchburg office.” Light is versed in a broad range of litigation matters, though he is particularly skilled and […]

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Risk Management presentation to AGC of Virginia 2018 Young Construction Leaders

Events

On June 7, 2018, Gentry Locke attorney Andrew Gay will co-present a session on Risk Management to attendees at the Association of General Contractors of Virginia (AGCVA) Young Construction Leaders Program. Andrew will present with members of the Marsh & McLennan Agency in Richmond, Virginia. For more information or to register, contact Courtney Baker at (540) 323-0311.  

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Motions Craving Oyer: A Powerful, but Limited Tool in Virginia Practice

Articles

While its name may suggest it is a vestige of Virginia’s legal history, a motion craving oyer remains a powerful, but limited tool in Virginia practice. When a plaintiff sues based on a written contract or other document but fails to attach it to his complaint, a defendant should consider “craving oyer” of the document. “[A] motion to crave oyer is a request of the Court to require that a document sued upon, or a collateral document which is necessary to the Plaintiff’s claim, be treated as though it were part of the Plaintiff’s pleadings.” Ragone v. Waldvogel, Poe and […]

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Can a Defendant Successfully Avoid Rule 3:20 in Virginia Circuit Courts?

Articles

Using Sworn Testimony in Support of a Motion for Summary Judgement in Virginia Circuit Courts One of the biggest distinctions between federal practice and Virginia practice is that, in Virginia practice, summary judgment cannot be based upon deposition testimony. However, that doesn’t necessarily mean that all previously given sworn testimony is off-limits. Rule 3:20 of the Rules of the Supreme Court of Virginia states, in part: No motion for summary judgment or to strike the evidence shall be sustained when based in whole or in part upon any discovery depositions under Rule 4:5, unless all parties to the action shall […]

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