Charging Orders: Pursuing a Debtor's Interest in a Partnership, Limited Partnership or Limited Liability Company

A Charging Order is the collection remedy that a Creditor uses to execute against a judgment debtor’s interest in a partnership, limited partnership or limited liability company. After obtaining a money judgment order against a debtor who possesses such an interest, the Creditor may file an action in the appropriate circuit court seeking to “charge” the debtor’s interest in the partnership, limited partnership or limited liability company to satisfy the judgment.

·

Virginia Supreme Court Issues Game-Changing Decision in Connection with Asbestos-Related Lawsuits

On March 2, 2012, the Virginia Supreme Court, in John Crane, Inc. v. Hardick, issued a unanimous decision holding that the trial court erred when it allowed a jury to award non-pecuniary damages to the widow of a former Navy sailor who developed mesothelioma allegedly as a result of asbestos exposure while serving aboard vessels in the territorial waters of the United States, on the high seas, and at foreign ports.

·

Drafting: A Solution for the Consistently Inconsistent Use of Shall

The practice of Business Law involves, on almost a daily basis, drafting legal documents for business transactions and business entities. While the use of archaic words, such as hereinafter and wheretofore and many others from the mid-last century, is considered to be a bad habit by some lawyers, the overuse of shall in current document drafting appears to have reached the level of an addiction.

·

Spoliation of Evidence

Two recent opinions by the United States District Court for the Eastern District of Virginia have highlighted an area of the law overlooked by many businesses, including banks. This is the duty to preserve information – especially Electronically Stored Information (ESI) – when litigation is foreseeable.

·

JPML Adopts Suggestion to Cease Transfer of Future Asbestos Actions to MDL 875

The Judicial Panel on Multidistrict Litigation ("JPML") has adopted and endorsed a Suggestion made by the federal asbestos MDL judge, Judge Eduardo C. Robreno of the U.S. District Court for the Eastern District of Pennsylvania, to halt the transfer of future actions to the coordinated docket based on his observation that a "limited number of jurisdictions are continuing to benefit from the transfer and consolidation of cases under MDL-875."

·