Harold E. Johnson

Reported Cases

• Bristol Metals, LLC v. Messer, LLC, No. 21-1244, 2022 WL 17222216 (4th Cir. Nov. 23, 2022)
• Murray v. Liberty Univ., Inc., No. 6:22-CV-00025, 2022 WL 4082483, at *1 (W.D. Va. Sept. 6, 2022)
• Bundy v. CitySwitch II, LLC, No. 320CV00618FDWDSC, 2021 WL 4142677, at *1 (W.D.N.C. Sept. 10, 2021)
• Danville Commercial Indus. Storage, LLC v. Selective Ins. Co. of S.C., 442 F. Supp. 3d 921 (W.D. Va. 2020)
• Noetic Specialty Ins. Co. v. N. Carolina Mut. Wholesale Drug Co., 453 F. Supp. 3d 842, 844 (E.D. Va. 2020)
• George v. Averett Univ. of Danville, Virginia, No. 4:19-CV-00008, 2019 WL 3310517, at *1 (W.D. Va. July 23, 2019)
• Kohl's Dep't Stores, Inc. v. Virginia Dep't of Taxation, 294 Va. 57, 60, 803 S.E.2d 336, 338 (2017)
• Corporate Executive Bd. v. Virginia Dept. of Taxation, 2017 WL 3879140 (Arlington County Circuit Court, 2017).
• Elliott v. Carter, 292 Va. 618, 621, 791 S.E.2d 730, 732 (2016)
• Selective Way Ins. Co. v. Crawl Space Door Sys., Inc., 162 F. Supp. 3d 547, 549 (E.D. Va. 2016)
• Livia Properties, LLC v. Jones Lang LaSalle Americas, Inc., No. CIV.A. 5:14-00053, 2015 WL 4711585, at *1 (W.D. Va. Aug. 7, 2015), aff'd sub nom. Livia Properties, II, LLC v. Jones Lang LaSalle Americas, Inc., 646 F. App'x 322 (4th Cir. 2016)
• Commonwealth ex rel. Bowyer v. Sweet Briar Inst., No. 150619, 2015 WL 3646914 (Va. June 9, 2015)
• Minnesota Lawyers Mut. Ins. Co. v. Batzli, 442 F. App'x 40, 41 (4th Cir. 2011)
• TMS Envirocon, Inc v. BB&T Insurance Services, Inc. 2011 U.S. App. LEXIS 10615 (4th Cir. 2011)
• Beausoleil v. Peterbilt Motors Company, et al., 2010 U.S. Dist. LEXIS 58445 (E.D. VA 2010)
• RMA Lumber, Inc. v. Pioneer Machinery, LLC, et al., 2009 U.S. Dist. LEXIS 93472 (W.D. Va. 2009)
• ACL Realty Corp. v. .Com Properties, LLC, 2007 U.S. Dist. LEXIS 39131 (W.D. Va. 2007)
• Campbell v. Mahan, 77 Va. Cir. 465; 2006 Va. Cir. LEXIS 185, (Nelson County Cir. Ct., 2006)

THE CASES LISTED BELOW ARE ILLUSTRATIVE OF THE MATTERS HANDLED BY THE FIRM.  CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.  NOT ALL CASE RESULTS ARE PROVIDED.  CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.
Representative Experience
Insurance:

• Procured contribution from primary and excess insurance carriers following initial denial of coverage for various trade secret misappropriation claims against large health-care company operating internationally. Contribution from carriers allowed case to settle and avoided calamitous result for company.    
• Advised Fortune 500 company regarding directors & officers insurance coverage and communicated with carriers and defense counsel regarding available coverage in wake of securities class action litigation and derivative shareholder demands.
• Represented insurer in multi-million property claim arising out of alleged hurricane damage to hotel property, resulting in arbitration award of roughly 25% of the amount claimed.
• Represented insurer in $86 million lawsuit filed by food manufacturer in wake of total loss by fire. 
• Conducted investigation and EUO for property insurer in dubious claim submitted by insured business regarding allegedly stolen equipment, resulting in abandonment of claim by insured.
• Drafted extensive coverage opinion on behalf of national insurance carrier regarding available coverage for various types of property damage associated with sewage backup at large, well-known day care facility.
• Represented property insurer in dispute with insured restaurant related to first-party claims in the wake of Hurricane Isabel.
• Represented environmental liability insurance carrier in dispute over coverage for first-party claims for property damage and clean-up costs by named and additional insureds arising out of contamination resulting from dry cleaning operations.
• Drafted detailed coverage opinion for various excess insurers regarding coverage obligations arising out of oil spill in Panama.
• Defended insurance company against coverage and bad faith claims made by doctor who claimed disabilities under a policy.
• Defended excess insurer in coverage dispute with insured pharmaceutical company over hundreds of claims involving injury resulting from use of the insured's medical products.
• Defended insurance agent against claims alleging that our client did not properly advise its client of potential liability claims against the client, which resulted in the carrier's denial of an eventual claim on grounds of late notice.
• Represented internationally-known entertainer to secure insurance coverage following a dispute over coverage arising out of an incident with a tour bus that resulted in multiple personal injury claims.
• Defended insurance agent claims alleging that our client did not properly advise its client of potential liability claims against its client, which resulted in the carrier's denial of an eventual claim on grounds of late notice.
• Represented policyholder in dispute with mutual insurance company comprised of jewelry store owners regarding calculation of loss for employee dishonesty claim.
• Obtained jury verdict on behalf of attorney in dispute about notice to malpractice insurer regarding prompt notice of malpractice claim.
• Provided coverage opinion for financial institution related to availability of directors and officers coverage for potential claims arising out of merger with another institution.
• Obtained full coverage limits on behalf of industrial client in arbitration dispute with insurer regarding coverage for personal injury claims by employee arising out of exposure to asbestos.
• Conducted insurance review for trucking company to assess appropriate types and levels of property and liability insurance coverage.
• Conducted insurance review for international branding company to assess property and liability coverage needs related to array of issues arising out of client’s domestic and international operations.

THE CASES LISTED BELOW ARE ILLUSTRATIVE OF THE MATTERS HANDLED BY THE FIRM.  CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.  NOT ALL CASE RESULTS ARE PROVIDED.  CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.
Education:

• Serve as outside general counsel for three independent colleges and/or universities in Virginia.
• Represented board of Sweet Briar College in various litigation matters following board’s decision to close the college, leading to amicable settlement.
• Represented large private university in insurance coverage litigation related to claims against university for various business torts. 
• Represented small Virginia college in OCR investigation related to website accessibility, leading to resolution of investigation without opening a formal proceeding.
• Represented small Virginia college accused of wrongful denial of tenure.  Resulted in withdrawal of claims before lawsuit was filed. 
• Represented single-sex university in connection with opposition and threatened litigation from alumnae group following decision to open a co-educational program.
• Counsel two colleges on management of Title IX reports and grievance processes.
• Represented private university in claims alleging civil rights violations and Title IX claims by students.