Paula S. Beran, Esquire (Va. Bar No. 34679)

Tavenner & Beran, PLC

20 North Eighth Street, Second Floor

Richmond, Virginia 23219 

Telephone: (804) 783-8300 

Craig T. Merritt, Esquire (Va. Bar No. 20281)

R. Braxton Hill, IV, Esquire (Va. Bar No. 41539)

MerrittHill, PLLC

919 East Main Street, Suite 1000

Richmond, Virginia 23219

Telephone: (804) 916-1600

Counsel for Lynn L. Tavenner, Chapter 7 Trustee

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division 

In re: Case No.

LeClairRyan, PLLC,1 19-34574-KRH

Debtor Chapter

7

TRUSTEE’S MOTION FOR SUMMARY JUDGMENT ON OBJECTION TO 

PROOF OF CLAIM 48-1 SUBMITTED BY LATONYA MALLORY

Lynn L. Tavenner, Trustee, and not individually but solely in her capacity as the Chapter 

7 trustee (in such capacity, the “Chapter 7 Trustee” and/or the “Trustee”) of the bankruptcy 

estate (the “Estate”) of LeClairRyan PLLC (“LeClairRyan” and/or the “Debtor”), in the abovereferenced Chapter 7 case (the “Case”), by counsel, moves for the entry of summary judgment in 

favor of the Estate pursuant to Rule 56 of the Federal Rules of Civil Procedure as incorporated

into this contested matter by Rules 9014 and 7056 of the Federal Rules of Bankruptcy Procedure 

on the ground that Proof of Claim 48-1 submitted on behalf of Latonya Mallory is barred in its 

entirety, in that the Claim (1) is preempted by the False Claims Act; (2) requires the re-litigation 

of essential elements that were previously adjudicated against Mallory in an action arising under 

the federal Anti-Kickback Statute and False Claims Act, subjecting it to collateral estoppel; (3) 

seeks contribution from an alleged joint tortfeasor, a claim unavailable to an intentional 

1 The principal address of the Debtor as of the petition date was 4405 Cox Road, Glen Allen, Virginia 23060, and 

the last four digits of the Debtor’s federal tax identification number are 2451. 

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wrongdoer such as Mallory under Virginia law; and (4) fails to allege plausibly that Mallory was 

in an individual attorney-client relationship with the Debtor, a law firm that advised a corporate 

entity. The grounds for entry of summary judgment are set forth fully in the brief submitted with 

this motion.

Respectfully submitted,

LYNN L. TAVENNER, CHAPTER 7 TRUSTEE

 /s/ Craig T. Merritt

Craig T. Merritt (VSB No. 20281)

R. Braxton Hill, IV (VSB No. 41539)

MerrittHill, PLLC

919 E. Main Street, Suite 1000

Richmond, VA 23219

Telephone: 804-916-1600

cmerritt@merrittfirm.com

bhill@merrittfirm.com

Special Counsel to Lynn L. Tavenner, 

Trustee for the Debtor

Filed this day by, 

 /s/ Paula S. Beran

Paula S. Beran, Esquire (VSB No. 34679)

PBeran@TB-LawFirm.com

Tavenner & Beran, PLC

20 North 8th Street

Richmond, Virginia 23219

Telephone: (804) 783-8300

Counsel for Lynn L. Tavenner, 

Chapter 7 Trustee

Case 19-34574-KRH Doc 1770 Filed 02/21/23 Entered 02/21/23 17:01:29 Desc Main

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CERTIFICATE OF SERVICE

I hereby certify that on the 21st day of February 2023, I will electronically file a copy of 

the foregoing with the Clerk of Court using the CM/ECF system, which will then send a 

notification of such filing (NEF) to the registered participants as identified on the NEF to receive 

electronic service.

/s/ Paula S. Beran

Counsel for Lynn L. Tavenner, Chapter 7 Trustee

Case 19-34574-KRH Doc 1770 Filed 02/21/23 Entered 02/21/23 17:01:29 Desc Main

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