Commonwealth v. John W. Roles, III, Case No. CR03F0024301, Page County Circuit Court (2016)
Mar 02, 2016
OUTCOME: Melkersen's Client Acquitted
Client charged with very serious probation violations that could have resulted in revocation of 42-year suspended sentence. Melkersen obtained dismissal of all charges.
Child custody
Tim Papion v. Tara Papion, Shenandoah County Circuit Court (2015)
Aug 01, 2015
OUTCOME: Melkersen's Client Wins Custody
During a hotly contested custody battle, Melkersen represented the Father in his efforts to obtain custody of three minor children from Mother. Aggressive cross-examination by Melkersen of the Mother u...ltimately led to a finding by Circuit Court Judge Dennis Hupp that the Mother had committed perjury. Custody of the Children awarded to the Father. (Melkersen had previously obtained custody for the Father of the oldest child in a previous proceeding).
Personal injury
Anthony Craig v. Anonymous (2012)
Nov 01, 2012
OUTCOME: $10 Million Settlement for Melkersen's Client
Client was rear-ended by a commercial delivery truck while parked on the emergency travel lane, where client was forced to park his car after it had overheated. Client suffered catastrophic injuries a...s a result of the incident, including paralysis. The Defendant (listed as anonymous because of confidentiality provisions of settlement agreement) defended on the ground that Mr. Craig had not completely pulled off of the roadway, and on the ground that Mr. Craig did not have his running lights working on the vehicle at the time of impact, which the Defendant claimed was a bar to Mr. Craig's claims, given that the accident occurred during the early morning hours when it was dark outside. We were able to pinpoint the location of the Defendant's vehicle using its onboard GPS to show that the Defendant crossed over the solid white line into the emergency lane before impact. We were also able, by expert testimony, to establish that the tail lights on Mr. Craig's car were on and working at the time of impact proved through an analysis of the filament in the light bulbs remaining after impact. Given our ability to undermine the Defendant's case and defenses, we were able to achieve a $10 million settlement for the client prior to trial.
Litigation
John Roles, Jr. v. Dereck Carper, Case No. CL11-59 (Va. Cir. Ct. 2011)
Sep 06, 2011
OUTCOME: Jury Verdict for Melkersen's Client
Represented Mr. Roles in claim against Mr. Carper for extensive damages caused by Carper to Mr. Roles' antique vehicle negligently repaired by Carper. Also defended against counterclaim brought by Carp...er against Roles. Took the case to jury verdict. Jury rejected all claims by Carper and awarded Mr. Roles the full amount of his damages. Mr. Carper then sought to avoid paying the judgment by transferring real estate to a relative. We immediately filed a second lawsuit against the relative, and successfully collected the full amount of Mr. Roles' judgment.
Litigation
Melkersen v. Ray Construction Co., 315 B.R. 45 (D. Md. 2004)
Aug 17, 2004
OUTCOME: Melkersen Prevails
In this case, for many years I pursued a corporation engaged in fraud and ultimately obtained sanctions against the corporation, its president, and their lawyers. Along the way we created new law in M...aryland about the ability of an assetless corporation to file bankruptcy. And even though the dispute was only over the original amount of $4,800, I litigated it for years in multiple courts in a relentless pursuit of justice, and we ultimately prevailed. This case is a good example that no matter how big or small a case or a client's issue may be, I bring this type of aggression and relentless pursuit of justice to every case for every client I represent, as I have been doing for more than a decade.
OUTCOME: Petition for Certiorari Granted for Melkersen's Client
Shilling, represented by Melkersen, contended that a certain hilltop on a farm owned by Shilling's half-brother was a cemetery, thereby prohibiting the half-brother from selling the property to allow a... developer to build a home on that portion of the land. Melkersen obtained an injunction halting the sale and building, but ultimately the Trial Court ruled that the land was not a valid cemetery because no body was actually buried there prior to the enactment of a Rockingham County Zoning Ordinance that mandated obtaining a permit prior to establishing a cemetery. Melkersen sought an appeal on Shilling's behalf to the Virginia Supreme Court. Such appeals are not generally granted (some estimate that an appeal is only granted in approximately 5% of cases for which an appeal is sought). Melkersen persuaded the Virginia Supreme Court to review the case, and argued the client's position vigorously to the High Court. In a 4-3 split decision, the Virginia Supreme Court ruled that a body was required to be buried to establish a valid cemetery in Virginia, a result strongly contested by three justices in the dissent. Although Melkersen's client did not ultimately prevail, the client was satisfied knowing that everything that could have been done was done to win. This case represents the resolve of Melkersen to take your case to the highest levels - all the way to the Supreme Court if necessary - in seeking to pursue your goals. When selecting a trial attorney, it is important for that lawyer to understand the appellate process in order to properly preserve issues and errors made by the Trial Court to allow the appellate courts to take a second look if the client is dissatisfied with the outcome in the Trial Court. Melkersen maintains extensive experience in litigating cases through the appellate process.
Employment and labor
Property Damage Specialists, Inc. v. Rechichar, 790 S.E.2d 237 (Va. 2016)
Appeal to Virginia Supreme Court over trial court permitting punitive damages in an alleged wrongful discharge employment case against Melkersen's client, Property Damage Specialists, Inc. Melkersen c...onvinced the Virginia Supreme Court to reverse the trial court's allowance of punitive damages, all in favor of Melkersen's client, Property Damage Specialists, Inc.