Herbert V. Kelly, Jr.

An accomplished trial lawyer with 40 years of experience, Bert has litigated in circuits across the state, in federal district courts, before the Fourth Circuit Court of Appeals and the Virginia Supreme Court. He has represented both plaintiffs and defendants in a wide range of disputes, including real estate transactions, mold litigation, products liability/personal injury claims and defense,  realtor errors and omissions and pest control services.

In real estate matters, Bert has handled thousands of residential settlements, represented borrowers and lenders in commercial transactions from restaurants to shopping centers. Having personally developed residential subdivisions and multi-family apartment projects, he has covered the spectrum in real estate matters.

Serving on museum, bank, hospital and non-profit boards, Bert is passionate about his commitment to his community. He has chaired a $21 million capital campaign for the Virginia Living Museum, and is currently serving on boards for TowneBank, Peninsula Habitat for Humanity, Peninsula Foodbank and Riverside Regional Medical Center and the Jamestown-Yorktown Foundation.

His experience in civil litigation has earned him recognition by his peers as Legal Elite by Virginia Business (www.virginiabusiness.com).

RECOGNITIONS

Virginia Business Legal Elite – Civil Litigation

Coastal Virginia Magazine Top Lawyers 

AV Rated by Lawyers.com

9.2 AVVO RATING

THE FOLLOWING CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASES UNDERTAKEN.


Practice Highlights

  • Successfully defended fraud claims against realtors who were alleged to have misrepresented the condition of real property being offered for sale. (2010–2017)
  • Litigated employee disputes against a northern Virginia IT company which asserted computer crimes as a defense – the jury returned the highest verdict in York County’s history. ($4.2 million)
  • Settled a death claim involving a 9 year old asphyxiated by a South Carolina behavioral center counselor. ($1.3 million)
  • Represented the owner/developer of Jefferson Commons shopping center in a $52 million permanent loan transaction.
  • Represented Hampton University in the acquisition of its site for the construction of the Proton Beam Cancer Treatment Facility.
  • Represented in excess of 100 realtors in claims for errors and omissions in cities and counties across the state. (2000-2017)
  • Obtained a $1.2 million arbitration award against real estate developer for fraudulent misrepresentations made to lot purchasers. (2008)
  • Successfully defended several personal injury suits against property managers alleged to have been negligent in the remediation of mold accumulation. (2009 – 2016)
  • Successfully defended in the Virginia Supreme Court a $2 million products liability claim against a scaffold manufacturer that was dismissed as a result of counsels failure to pay the appropriate filing fee. ( Report can be seen in Virginia Lawyers Weekly Magazine 2015 “$2.00 Short … Out of Court”.

Educational and Professional Background

  • Hampden-Sydney, B.A. (1973)
  • Marshall-Wythe School of Law (1976)
  • Admitted to practice:
    • Virginia Supreme Court (1976)
    • United States District Court-Eastern District (1979)
    • United States Court of Appeals (4th Circuit 1981)
    • United States Supreme Court (1985)

Association and Affiliations

  • Newport News Bar Association, Past President (2009)
  • Virginia Bar Association
  • Virginia State Bar – Member, Litigation and Real Estate Sections
  • Virginia Trial Lawyers Association
  • Director, Jamestown-Yorktown Foundation
  • Director, Peninsula Foodbank
  • Director, TowneBank-Peninsula
  • Former Chairman, SouthTrust & Wachovia Bank Peninsula Advisory Boards
  • Virginia Living Museum – Former President, 1994-1997, Trustee, 1989-2007, Board of Advisors (2008-2017)
  • Director, Riverside Regional Medical Center
  • Former Director, Virginia War Museum
  • Director, Peninsula Habitat for Humanity
  • Director, Advex Corporation
  • Associate Member: Virginia Peninsula Association of Realtors

Representative Clients

  • Advex Corporation
  • Atlantic Title & Escrow Company
  • Bay Electric Co., Inc.
  • BHHS Towne Realty
  • Century 21 Nachman Realty
  • Greenbrier Management Corp.
  • Greg Garrett Realty
  • Hampton University
  • Judy Boone Realty
  • Long & Foster
  • Nancy Chandler & Associates
  • National Exterminating Company
  • Peninsula Habitat for Humanity
  • Peninsula Home Builders Association
  • RE/MAX Allegiance
  • RE/MAX Alliance
  • Riverside Regional Medical Center
  • Robert R. Brown & Associates
  • Rose & Womble Realty
  • TowneBank
  • William E. Wood & Associates
  • XL Select Professional
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