Reported decisions – Elderberry of Weber City, LLC v. Living Centers-Southeast, Inc., 2014 WL 3900389 (W.D. Va. Aug. 11, 2014); Truist Bank v. Putillion, 2020 WL 3078384 (S.D. W. Va. Jun 10, 2020); Elderberry of Weber City, LLC v. Living Centers-Southeast, Inc., 971 F. Supp.2d 575 (W.D. Va. 2013); In re Johnson, 2018 WL 2033297 (Bankr. S.D. W. Va. May 1, 2018); Elderberry of Weber City, LLC v. Living Centers-Southeast, Inc., 794 F.3d 406 (4th Cir. 2015); Elderberry of Weber City, LLC v. Living Centers-Southeast, Inc., 958 F. Supp.2d 623 (W.D. Va. 2013); Truist Bank v. Farmer, 2021 WL 1240091 (S.D. W. Va. Apr. 2, 2021); Brian Wishneff & Associates, LLC v. Delshah Development, Inc., 2019 WL 5865939 (W.D. Va. Nov. 8, 2019); Board v. AMF Bowling Worldwide, Inc., 533 B.R. 144 (E.D. Va. 2015); In re Evans, 538 B.R. 268 (Bankr. W.D. Va. 2015)
Summary of representative experience
Obtained a $2.7 million verdict after a four-day federal bench trial against operator of a nursing home for breach of a commercial lease.
Represented general contractor in state court litigation concerning disputes over change orders and quality of workmanship during the construction of a $2 million home and obtained favorable verdict after a six-day jury trial.
Obtained judgment on a Rule 12(c) motion in federal court in favor of foreclosing trustee defending complex real estate litigation brought by national developer seeking to enforce a right of first refusal to set aside foreclosure sale.
Aggressively pursued failed enterprise of coal companies that engaged in numerous attempts to shield assets from creditors by appointing a state court receiver, filing involuntary bankruptcy petitions, appointing a Chapter 11 trustee, and developing and executing strategy against third party buyers of assets through various commercial tort mechanisms that ultimately resulted in net recovery for primary bank creditor of over $4 million.
Successfully represented a floor-plan financier against consumer purchase-money lender that failed to exercise diligence and ensure payment of first-priority lien of client and obtained a six-figure settlement after pursuing conversion claims as a result.
Negotiated various settlements in product liability (asbestos) cases.
Successfully pursued discharge objections in multiple bankruptcy cases that led to the discovery of undisclosed assets and cumulative recoveries greater than $1 million above expected payment streams.