Broadcasts.com - "June 2019 - La Bella Dona Skin Care v Belle Femme Enterprises et al" (Oral Arguments of the Supreme Court of Virginia)

Published: June 30, 2019, 9:53 p.m.

This podcast is provided by Ben Glass and Steve Emmert

Granted Appeal Summary

Case

LA BELLA DONA SKIN CARE, INC. v. BELLE FEMME ENTERPRISES, LLC, ET AL. (Record Number 181017)

From

The Circuit Court of Chesterfield County; F. Rockwell, III, Judge.

Counsel

James S. Kurz (Redmon, Peyton & Braswell, LLP) for appellant.

Benjamin S. Tyree (Coates and Davenport, P.C.) and William D. Bayliss and Joseph E. Blackburn, III (Williams Mullen) for appellees.

Assignments of Error

The Circuit Court erred when, on remand from this Court, it by-passed trial and on a Defendant’s pre-trial motion dismissed LBD’s Successor Liability count after this Court has reversed the Circuit Court for application of the wrong standard of proof.

The Circuit Court erred when it found that the transaction that shifted the Bon Air’s asset from Bon Air through Ayers & Stolte, P.C. to Belle Femme was a bona fide, arm’s-length transaction despite (i) the undisputed evidence that the most valuable assets of the new entity passed from Bon Air through the law firm to Belle Femme for no consideration, and (ii) the array of the sordid facts of the contested transaction.