Merrick Brock Attorneys Selected as 2022 Super Lawyers
Merrick Brock attorneys John Merrick and Les Brock have both been selected to the list of 2022 Super Lawyers as top rated personal injury attorneys in Virginia. John and Les have been recognized by Super Lawyers for the last decade in various categories, including personal injury, business litigation, construction, civil litigation, and Rising Stars.
Super Lawyers is a peer designation awarded only to a select number of accomplished attorneys in each state. Each year, attorneys are ranked based on the Super Lawyers selection process, which takes into account peer recognition, professional achievement in legal practice, and other cogent factors. Only attorneys in the top 5% of the selection process overall are named Super Lawyers.
Clients and Lawyers: Don’t Lose Sight of the Big Picture
–By John Merrick —
"Don’t lose sight of the forest for the trees." I confess that years ago I wasn’t sure what this advice really meant. In a nutshell, it means don’t miss the big picture by focusing solely on the details. This applies broadly to every profession and daily life but is particularly important for a trial attorney. Despite its simplicity, this old adage is easy to forget, because we tend to get wrapped up in details. I do anyway.
I recently resolved a heavy case. My client faced four life sentences and trial was fast approaching. There were numerous witnesses, documents, videos, DNA evidence, experts, investigators, legal issues, motions, objections, deadlines, and on and on. It was easy to get bogged down. Then, I realized the big picture: the case really depended on the credibility of a single witness. Eureka! That is what the case was all about. It seems so simple in hindsight, but it is easy to forget the big picture when you are tracking multiple balls in the air.
I wish I remembered the adage earlier in my case. It would have saved me from a bit of stress. Details are important and should not be ignored. But, if you identify the big picture first, the rest of the case may fall into place. Here’s a reminder in case you need it, like I did.
Merrick Brock Files Action for Business Conspiracy and Tortious Interference With Contract Against Former Business Owner
Merrick Brock filed an action pending in the Henrico County Circuit Court, Case No. CL19-6133, asserting claims for breach of contract, piercing the corporate veil, tortious interference with contract, tortious interference with business expectancy, and business conspiracy.
The lawsuit alleges that the plaintiff entered into an asset purchase agreement to acquire the assets of the defendant’s local Richmond business, including the business’ name, its existing client contracts, and its confidential client list. As part of the agreement, the defendant agreed to a non-compete provision prohibiting the defendant from soliciting clients from the client list or competing in the Richmond area. The Complaint alleges, however, that after selling the business to the plaintiff for a lucrative sum, the defendant set up a new business and sought to steal back its old clients by making disparaging statements about the plaintiff and by conspiring with others to get the clients to break their existing contractual agreements with the plaintiff.
Merrick Brock Recovers $398,000 in Subcontractor Breach of Contract Claim
Merrick Brock recovered $398,000 for a subcontractor in a payment dispute with a bonding company. The subcontractor was hired by a large regional general contractor to perform work on a mixed-use construction project. After the general contractor defaulted, the bonding company took over the project and directed the subcontractor to continue working pursuant to the terms of its original subcontract, but the bonding company later disputed the scope of the subcontractor’s work and the validity of the subcontractor’s invoices. Merrick Brock asserted a claim for breach of contract and challenged the bonding company’s reasons for denying payment. Merrick Brock recovered the full amount of the subcontractor’s claim prior to filing suit.
Construction disputes are varied and complex. Merrick Brock’s attorneys have been recognized in the areas of Construction Litigation and Business Litigation by Virginia Super Lawyers and Virginia Business Legal Elite. Let us put our construction law experience to work for you. If you have a construction dispute or a payment claim, give us a call. Or click here to schedule a free, no-obligation consultation with one of our attorneys.
Virginia Supreme Court Modifies and Extends Order Declaring Judicial Emergency
The Virginia Supreme Court recently modified and extended its previous Order declaring judicial emergency. The Order explicitly provides that this is the controlling Order and is in effect until June 7th. If you practice in Virginia or have a case pending, it is worth a close look. A couple takeaways:
- No jury trials may be held during this period. Some circuit courts have interpreted this to apply to ALL jury trials (even those scheduled after June 7th).
- Statutes of limitation will continue to toll during this period.
- Discovery deadlines will not be extended after May 18th.
- Arguably, a hearing by video does not require the consent of all parties. (Full consent was explicit in the prior Order, but not this one). Courts are encouraged to increase the use of video conferencing.
- Starting on May 18th, courts have discretion to hear in-person non-emergency hearings as long as it is safe to do so and the court follows proper protocols.
Merrick Brock Attorneys Named to Virginia Super Lawyers’ 2020 List of Top-Rated Attorneys
Super Lawyers is a peer recognition that is awarded on an annual basis only to a select number of attorneys in each area of the law. The Super Lawyers selection process takes into account peer recognition, professional achievement in legal practice, and other factors.
John Merrick was named to Super Lawyers 2020 in the area of Personal Injury. He was previously recognized as a Super Lawyers Rising Star for the years 2013 – 2018. John’s experience includes commercial cases, consumer fraud, and a variety of personal injury cases, from products liability and nursing home neglect to trucking and auto accidents.
Les Brock was named to Super Lawyers 2020 in the area of Business Litigation. He has been selected to Super Lawyers for the years 2017 – 2020 in the areas of Business Litigation and Construction Law. Prior to that, he was recognized as a Super Lawyers Rising Star for the years 2012-2014. Les is an experienced trial attorney who specializes in complex commercial disputes, construction claims, business fraud, consumer fraud, and all types of personal injury cases.
Court Finds That Governor’s COVID Order Violates the Law
In response to COVID, Gov. Northam recently issued an order shutting down "non-essential" businesses, which included shooting ranges. Did the Governor have authority to do this? A Lynchburg Circuit Court judge answered that question with a big "No," allowing an indoor shooting range in Lynchburg to open back up for business.
The judge’s ruling enjoins the Governor from enforcing Executive Order 53 against the range. According to the letter opinion, "[t]he Governor appears to argue that, when he declares a state of emergency, he can ignore any law that limits his power, even laws designed to limit his power during a state of emergency…The Court cannot agree with such an expansive interpretation of the Governor’s authority."
It seems the court was not impressed with the foundation for the Governor’s legal arguments, noting that "[i]t is regrettable the Governor only one time in a footnote cited the statute on which this case turns." To my non-lawyer friends, this is a strong rebuke to find in a court opinion.
Virginia Supreme Court Extends Declaration of Judicial Emergency
Today the Virginia Supreme Court entered the Third Order Extending Declaration of Judicial Emergency until May 17. Let’s hope the third time is a charm. This Order contains a bit more clarity on the tolling provisions regarding the statutes of limitation and appeals from Circuit Court. Of note, the Court provides an example: "if a two-year statute of limitations would expire on a plaintiff’s personal injury claim on April 16, 2020, the Period of Judicial Emergency (currently March 16 through May 17, 2020) would not be counted for purposes of the statute of limitations. Due to the tolling of the limitations period as a result of the Declaration of Judicial Emergency, once the emergency ends (currently May 17, 2020), the plaintiff will have an additional thirty-two (32) days to file suit." You can view the order here.
Merrick Brock files fraud and business conspiracy lawsuit against members of LLC
Merrick Brock filed an action pending in the Henrico County Circuit Court, Case No. CL19-6133, asserting claims for fraud, tortious interference with business expectancy, business conspiracy, breach of contract, and unjust enrichment.
The lawsuit alleges that the plaintiff entered into a real estate development project with two partners, but while they agreed to split profits equally, two of the partners conspired together to cut the plaintiff out of the deal. The two partners formed an LLC with just the two of them identified as members. However, the lawsuit alleges, the two partners led the plaintiff to believe he was a member of the LLC in order to take advantage of his services and benefit from his contributions in putting the project together, only to later deprive him of an equal share of the profits when the deal was completed.
The lawsuit seeks $100,000.00 in compensatory damages, trebled to $300,000.00 under Virginia’s business conspiracy statute, plus $350,000.00 in punitive damages, attorney’s fees, and costs.
The Virginia Supreme Court Extends Judicial Emergency Until April 26th, With A Bit More Clarity
The unanimous Order entered on March 27th provides that the court’s and clerks’ offices shall remain operational and provide services required by law, but it continues "all civil, traffic and criminal matters, including jury trials, except for emergency and other matters provided in this Order."
Three big takeaways: (1) If you have a routine civil matter, it has almost certainly been continued; (2) If you have a criminal matter, and the defendant is not in jail, it has almost certainly been continued; (3) Certain filing requirements and statutes of limitations that fall within this time period may be tolled for the duration of the Order.
The Order also provides guidance while permitting discretion. Below is a summary, and the entire Order can be found here.
- Judges will exercise their discretion in determining whether the matter is urgent.
From our offices in Richmond and Lynchburg, Merrick Brock, PLLC represents injury victims and their families throughout Central Virginia and communities across the Commonwealth. We serve clients in Richmond, Henrico County, Chesterfield County, Midlothian, Glen Allen, Short Pump, Mechanicsville, Chesterfield, Bon Air, Tuckahoe, Ashland, Petersburg, and surrounding areas. Our attorneys also assist clients throughout Lynchburg, Northern Virginia, and the Hampton Roads region, including Alexandria, Arlington, Chesapeake, Hampton, Newport News, Norfolk, Suffolk, and Virginia Beach.
Results listed are not a guarantee or indication of future case results.
1801 Libbie Avenue, Suite 100, Richmond, VA 23226
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