Decision in Richmond, Indecision in Utah

My life has been eaten up by some major cases over the past six weeks.

On Tuesday, May 1st, the Fourth Circuit Court of Appeals in Richmond upheld a successful judgment we obtained in U.S. District Court, Alexandria.  The case dealt with the following facts:  our client bought property for $1.7M in the “Creighton Farms” community in Loudoun County, expecting it to be a Ritz-Carlton planned community.  A couple years later, Ritz pulled out despite its statements otherwise.  After some preliminary wrangling, we filed a lawsuit alleging a violation of the Interstate Land Sales Act, which requires certain disclosures in the marketing and sale of undeveloped lots, and asked for rescission of the land sale.

In 2010, the U.S. District Court awarded our client rescission based on the ILSA violations, which it deeme material.  The was appealed to the Fourth Circuit, as a case of first impression on the “right of rescission” in ILSA cases.  On Tuesday, the Court affirmed by a 2-1 vote.  I’ll skip the details, except to say that we won.

Meanwhile, on the other side of the Continental Divide ….

For the past seven years, I’ve been part of a team representing Spring Canyon Energy in its case against PacifiCorp, the owner of Rocky Mountain Power.  The case arises from the theft of trade secrets related to developing a gas-fired, air-cooled 500 megawatt power plant in the desert of central Utah.  The plant was built by PacifiCorp in 2005 at a cost of $345M, after it had spent months studying our client’s plans and data.  We filed suit.

After years of discovery, a summary dismissal in 2007, and a successful appeal in 2010, our trade secrets case is now pending before a Salt Lake City jury, who will determine liability and set damages.  A lot is at stake.  We expect a result by mid-May.  Until that time, I’m logging the frequent flyer miles.

 

 

 

 

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Municipal Elections Yesterday

Yesterday saw a number of municipal elections, including two in my back yard of Fairfax City and the Town of Vienna.

In Vienna, the incumbents Laurie Cole, Edythe Kelleher and Mike Polychromes were all re-elected.  So was the Mayor Jane Seeman.  No surprise there, since they were not opposed.

In Fairfax City, there was a slight turnover.  Long-time City institution Scott Silverthorne sought elevation from Council to Mayor and just made it with 82% of the vote.  He will take over from long-time Mayor Rob Lederer who has presided since 2002.

The other members running, David Meyers, Dan Drummond, Ellie Schmidt, Jeff Greenfield and Steve Stombres, were all re-elected, and the open slot was taken by newcomer Mike DeMarco.

Thanks to everyone who participated.  These elections are non-partisan, so there are few (if any) statewide implications.  It’s small town democracy.

 

 

 

 

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Modern Pentathlon

The Olympics has an event called the modern pentathlon, which features events in running, shooting and horseback riding.  (okay, so “modern” is taken loosely).

Today, I survived a rough equivalent.  Here’s how it went:

8:30 a.m.  The CASA “Run for the Children” 10K.  We start from courthouse and loop through adjoining neighborhoods in Fairfax City and Villa.  Punishing.  I finish in 49:08, pretty good for a hilly track.  Barely ahead of George Barker.  (Before you heckle, Barker was a serious runner in high school.  Of course, automobiles had yet to be invented).

10:15 a.m.  Take son to U-8 soccer game at Lanier Middle School.  Step onto field as substitute referee, which keeps me moving for 60 minutes.

2:00 p.m.  After daughter’s softball game and lunch, it’s a long drive out to Southern Maryland for the annual “Celtic Festival,” by the banks of the Patuxent River.  Play with a rag-tag group of Virginia ruggers in the “Old Boys” match.  Somehow we LOSE.  Aaagh.  Drive 1.5 hours back to Fairfax.

6:15 p.m.  Shower, shave.  Step off in black tie with Sharon, my mother and sister to the Patriot Center for George Mason’s 40th anniversary gala.  Forty years ago, Governor Holton signed law to make GMU a stand-alone university.  Circulate with star-studded cast, while violins play.  Mental note:  hire Jenn Robinson of GMU for future events.

10:00 p.m.  Back home.  Watching “Captain America” with 4 children.

10:30 p.m.  Blogging.

11:00 p.m.  Rest.

(Tomorrow at 8 a.m.?  Vienna Elementary 5k, of course)

 

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