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Attorney Hunter W. Sims Jr.


Hunter W. Sims Jr.

Partner

T (757) 624.3272
F (757) 624.3169
hwsims@kaufcan.com

Hunter is a litigation partner in the firm’s Norfolk office. Hunter has extensive experience in federal and state courts and has tried in excess of one hundred civil and criminal jury cases to verdict, including representing clients in complex business litigation, patent infringement, environmental, antitrust, securities, legal malpractice, libel and slander, and white-collar criminal defense cases. A white-collar case he successfully defended in the United States District Court in Norfolk, Virginia was featured in an article in the October 1998 edition of the ABA Journal entitled “The Zealot and the Senator.”

Practice Areas

Representative Matters

Some cases which went to trial in which Mr. Sims represented clients include the following:

Civil Trials

  • In 2008 defended in the United States District Court in Norfolk, Virginia the City of Virginia Beach, the City Manager, and the Captain of one of the City’s police precincts in a suit by a local bar alleging civil rights violations. After an eight day non-jury trial, the Court found for the defendants on all allegations.
  • In 2007 successfully defended an international manufacturer of marine engines in three week patent infringement jury trial in the United States District Court in Alexandria, Virginia.
  • In 2007 successfully defended a landowner in a boundary line dispute claim brought by an adjoining property owner resulting in a judgment after a two day trial rendered by the Court sitting without a jury in favor of the defendant.
  • In 2006 defended a ready-mix concrete company in a suit by a competitor alleging intentional interference with contract and business expectancies in a two week jury trial in the Circuit Court of Northampton County, Virginia resulting in a verdict favorable to the defendant.
  • In 2005 successfully prosecuted a civil claim by Eastern Virginia Medical School against one of its independent foundations in a week long non-jury trial in the Circuit Court of the City of Norfolk, Virginia.
  • Defended in the United States District Court in Norfolk, Virginia a sexual harassment allegation against an individual serving in a management capacity with a Fortune 500 company resulting in a verdict for the individual after a two week jury trial.
  • Successfully defended a group of doctors sued for alleged violations of the civil False Claims Act in the United States District Court in the Western District of Virginia.
  • Successfully defended a national fireplace installation company for wrongful death of two individuals in the Circuit Court for the City of Virginia Beach resulting in a verdict after an eight day jury trial for the plaintiff substantially under plaintiff’s settlement demand.
  • Successfully represented an individual in the United States Tax Court on a claim by the IRS disallowing a tax credit taken as a result of a donation by the individual owner of a private sewer system to a municipality resulting in a decision in favor of the individual after a four day trial.
  • Successfully defended a motorcycle manufacturer and distributor in a four day administrative hearing before the Virginia Department of Motor Vehicles concerning the establishment of a new motorcycle dealer in the western part of Virginia.

Criminal Trials

  • Successfully defended the president of a bank in a 52 count indictment in the United States District Court in Norfolk, Virginia. After the Government presented its case for two weeks, the Judge struck the Government’s evidence and dismissed the indictment. In addition, Mr. Sims’ client and a co-defendant received an award of their attorneys’ fees under the Hyde Amendment.
  • Successfully defended the controller of a regional soft drink bottling company charged with bribery in the United States District Court in Norfolk, Virginia. After a four week jury trial, the jury returned a verdict of not guilty on all counts.
  • Successfully defended an attorney charged in the United States District Court in Norfolk, Virginia with false statements and conspiracy against the Government in connection with a SBA loan. After a two week jury trial, the jury returned a not guilty verdict.
  • Represented an individual charged with three counts of interference with television broadcasts. After a two week jury trial, the jury returned a verdict of not guilty on two counts and guilty on one count.
  • Defended a regional dairy in a criminal antitrust conspiracy case in the United States District Court in Norfolk, Virginia. After a two week jury trial, the dairy was found guilty.

Reported Cases

The following are some of the reported cases in which Mr. Sims represented a party:

  • Cherrystone Inlet, LLC v. Board of Zoning Appeals, 271 Va. 670, 628 S.E. 2d 324 (2006)
  • United States v. Holland, 214 F.3d 523 (4th Cir. 2000)
  • Finn v. Virginia Retirement System, 259 Va. 144 (S. Ct. 2000)
  • City of Virginia Beach v. Hay, 258 Va. 217 (S. Ct. 1999)
  • United States v. Holland, 48 F. Supp. 2d 571 (E.D. Va. 1999)
  • United States v. Holland, 34 F. Supp. 2d 346 (E.D. Va. 1999)
  • Volvo Penta of the Ams., Inc. v. Brunswick Corp., 187 F.R.D. 240 (E.D. Va. 1999)
  • Borow v. nVIEW Corp., 829 F. Supp. 828 (E.D. Va. 1993)
  • Shoney’s, Inc. v. Schoenbaum, 894 F.2d 92 (4th Cir. 1989)
  • Adams Outdoor Advertising v. Newport News, 236 Va. 370 (S. Ct. 1988)
  • In re Hitchings, 850 F.2d 180 (4th Cir. 1988)
  • Reasor v. Norfolk, 606 F. Supp. 788 (E.D. Va. 1984)
  • Womble v. Dixon, 752 F.2d 80 (4th Cir. 1984)
  • United States v. Colonial Chevrolet Corp., 629 F.2 943 (4th Cir. 1980)
  • United States v. Reason, 549 F.2d 309 (4th Cir. 1976)

Recognition and honors

  • Fellow, American College of Trial Lawyers
  • AV® Rated; Martindale-Hubbell
  • Virginia Super Lawyers, Top Ten Lawyers in Virginia; Law & Politics, 2006-2010
  • Best Lawyers in America, 1993-2010
  • Norfolk Bet-the-Company Litigator of the Year; Best Lawyers in America, 2010
  • America’s Leading Business Lawyers; Chambers USA, 2005-2010
  • Virginia Super Lawyers, Corporate Counsel Edition; Law & Politics, 2009-2010
  • Virginia’s Legal Elite; Virginia Business Magazine, 2004-2009
  • Local Litigation Star; Benchmark Litigation, 2008-2009
  • Fellow, Virginia Law Foundation; 2005
  • Recipient; Virginia Beach Bar Association “Professionalism Award”
  • Who’s Who in American Law; 1996-2009
  • Omicron Delta Kappa
  • McNeill Law Society

Associations

  • Advisory Committee on Rules of Court of the Judicial Council of Virginia, 1998-present
  • Judicial Conference of the U.S. Fourth Circuit Court of Appeals
  • Virginia State Bar Committee on Lawyer Discipline, 1995-2002
  • Virginia Beach Bar Association
    Norfolk-Portsmouth Bar Association; Secretary, 1981-1986
  • Virginia Bar Association; Executive Committee, 1990-1992; Secretary, 1992
  • Virginia State Bar; Chairman, Board of Governors, Construction Law Section, 1984-1985; Board of Governors,   Antitrust Law Section, 1988-1991
  • American Bar Association; Forum Committee on the Construction Industry, Antitrust Law Section, Litigation Section, Criminal Law Section
  • I’Anson-Hoffman American Inns of Court, 1987-2001
  • Virginia Aquarium; Board of Trustees, 1993-2006

Education

  • University of Virginia; B.S., 1967
  • University of Richmond School of Law; J.D., 1971

press and publication

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