Sometimes things go awry. Accordingly, our Civil Litigation section focuses on problem solving and conflict resolution as critical legal services that we provide to our clients.
The PLDR Civil Litigation group is at home in all of the Virginia State and Federal Courts. Among PLDR’s four attorneys that regularly practice in the courts system, the firm is approaching 100 years of experience in litigation related matters and have experience trying cases at all levels of the court system, including the local, state, and federal courts.
We assist our clients in a myriad of cases, including the following:
A contract dispute can involve any dispute over a written or oral agreement. Contract disputes include, but not limited to, sale of goods, sale of real estate, employment, promissory note, performance of services.
Business torts arise out of transactions among businesses. These torts include fraud, intentional interference with a contract or business expectancy, statutory conspiracy to injure another business, defamation, breach of fiduciary duty, conversion, among others.
The Virginia Uniform Trade Secrets Act forbids someone to (1) acquire a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (2) disclose or use a trade secret of another without express or implied consent by a person who (a) used improper means to acquire knowledge of the trade secret; or at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was (i) derived from or through a person who had utilized improper means to acquire it; (ii) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; (iii) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; (iv) acquired by accident or mistake.
Director and officer liability can stem from a breach of a fiduciary duty (e.g. placing personal interest above association), breach of the duty of care (failure to use good business judgment), and others.
Shareholders and members are not generally liable for the debts of corporations and limited liability companies. Liability usually arises in a closely held corporation when the shareholder or member is also a director, officer, and employee of the company.
A person or business may encounter a dispute with a locality regarding zoning laws, ordinances, land use, variances and approvals, and public review requirements.
Many businesses and professions are regulated by state agencies, one of which is the Virginia Department of Professional and Occupational Regulation. From architects to waterworks operators, a licensed individual or business can seek advice and representation when facing suspension, license revocation, or any other disciplinary action.
Employment disputes encompass a host of different matters, including wage and hour disputes, covenants not to compete, wrongful termination, unemployment and discrimination claims.
There are two types of defamation: libel (written) and slander (verbal). In the age of technology, someone can harm the reputation and business of another with ease. In Virginia, a claimant must establish (i) an actionable statement (ii) published with (iii) the requisite intent.
Insurance coverage disputes can arise with many types of policies, such as business, life, health, homeowners, property-and-casualty, automobile, and general-liability coverages. An insured needs to be cognizant of the claims procedure stated in the policy. Failure to follow the procedure could preclude recovery.
Landlord-tenant disputes include recovery of possession of premises (eviction), rent, and other damages caused by the tenant. This practice area also involves interpreting the parties' rights and obligations under the governing lease and Virginia law.
Neighbor disputes encompass boundary line disputes, adverse possession claims, nuisance claims, water rights and runoff, easements, trees and vegetation, and right to farm.
Property disputes involve boundary line disputes, quiet title actions, breach of property sales agreements, adverse possession claims, water rights and runoff claims, easement and access issues, road maintenance agreements, among others.
A landowner may have certain rights and obligations with regard to access and use of lake, stream, or river. From farmers to construction contractors, each person should understand their rights to use the water and potential pitfalls from diverting or exceeding one's permissible use.
Owners, designers, and contractors face complex issues in the construction process, including zoning and permitting, contract negotiation and drafting, and contract disputes. The parties to the construction process often seek legal assistance in addressing these difficult matters and our attorneys have the requisite experience to provide sound and reliable advice on all aspects of the construction process.
A claim for malicious prosecution arises when a defendant (1) instituted a criminal proceeding against the plaintiff, (2) the criminal proceeding ended in a manner favorable to the plaintiff, (3) the criminal proceeding was instituted without probable cause, and (4) the defendant acted with malice. Abuse of process exists when there is an (1) existence of an ulterior purpose and (2) an act in the use of the process not proper in the regular prosecution of the proceeding.
These disputes involve will contests, undue influence claims, trust disputes, contested probate matters, fraud and breach of fiduciary duty claims, abuse and misappropriation by powers of attorneys and agents, removal and substitution of fiduciaries, and guardianships and conservatorships.
Doing battle in the courtroom, however, may not always be in the best interest of a client. PLDR’s attorneys are skilled in recognizing those instances and are highly trained and experienced in resolving conflicts using alternative dispute resolution methods such as mediation, arbitration, and sometimes just good common sense in coming up with strategies to resolve problems and issues that our clients may face.
